{"id":"qld:sl-2017-0150","name":"Explosives Regulation 2017","slug":"explosives-regulation-2017","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"150 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174967,"registerId":"qld-qld:sl-2017-0150-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Explosives Regulation 2017 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2017.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 7 defines particular words used in this regulation.","sortOrder":3},{"sectionNumber":"sec.4","sectionType":"section","heading":"References to classifying explosive","content":"### sec.4 References to classifying explosive\n\nIn this regulation, a reference to classifying an explosive is a reference to—\nfor an explosive to which the UN model regulations apply—\nassigning the explosive to a class, division and compatibility group under the UN model regulations; or\nassigning the explosive to a class, division and packing group under the UN model regulations; or\nfor an explosive to which the UN model regulations do not apply—\nclassifying the explosive as an explosive too dangerous to transport; or\nclassifying the explosive as non-dangerous goods.\n- (a) for an explosive to which the UN model regulations apply— (i) assigning the explosive to a class, division and compatibility group under the UN model regulations; or (ii) assigning the explosive to a class, division and packing group under the UN model regulations; or\n- (i) assigning the explosive to a class, division and compatibility group under the UN model regulations; or\n- (ii) assigning the explosive to a class, division and packing group under the UN model regulations; or\n- (b) for an explosive to which the UN model regulations do not apply— (i) classifying the explosive as an explosive too dangerous to transport; or (ii) classifying the explosive as non-dangerous goods.\n- (i) classifying the explosive as an explosive too dangerous to transport; or\n- (ii) classifying the explosive as non-dangerous goods.\n- (i) assigning the explosive to a class, division and compatibility group under the UN model regulations; or\n- (ii) assigning the explosive to a class, division and packing group under the UN model regulations; or\n- (i) classifying the explosive as an explosive too dangerous to transport; or\n- (ii) classifying the explosive as non-dangerous goods.","sortOrder":4},{"sectionNumber":"sec.5","sectionType":"section","heading":"References to mass of explosive","content":"### sec.5 References to mass of explosive\n\nIn this regulation, a reference to the mass of an explosive is, unless stated to be a reference to the gross weight of the explosive, a reference to the mass of explosive material contained in the explosive.\nThe gross weight of a box of distress signals might be 25kg, but the distress signals in the box might contain 2kg of explosive material. If this regulation stated a maximum amount for distress signals of 5kg, the box of distress signals would be less than the maximum amount.","sortOrder":5},{"sectionNumber":"sec.6","sectionType":"section","heading":"Substances declared to be explosives","content":"### sec.6 Substances declared to be explosives\n\nFor schedule 2 , definition explosive , paragraph (b) of the Act , each of the following is declared to be an explosive—\na precursor;\nammunition that does not contain explosives;\nsecurity sensitive ammonium nitrate.\nHowever, subsection (1) (b) does not apply for section 38 of the Act .\nFor subsection (1) (b) , ammunition does not include inert components of small arms ammunition.\ncartridge cases, projectiles\n(sec.6-ssec.1) For schedule 2 , definition explosive , paragraph (b) of the Act , each of the following is declared to be an explosive— a precursor; ammunition that does not contain explosives; security sensitive ammonium nitrate.\n(sec.6-ssec.2) However, subsection (1) (b) does not apply for section 38 of the Act .\n(sec.6-ssec.3) For subsection (1) (b) , ammunition does not include inert components of small arms ammunition. cartridge cases, projectiles\n- (a) a precursor;\n- (b) ammunition that does not contain explosives;\n- (c) security sensitive ammonium nitrate.","sortOrder":6},{"sectionNumber":"sec.7","sectionType":"section","heading":"Explosives exempt from Act","content":"### sec.7 Explosives exempt from Act\n\nAn explosive is exempt from the Act if—\nthe explosive is an ingredient in a mixture prepared for a use that does not include initiating the mixture; and\nnitroglycerine contained in a tablet\nnitrocellulose contained in paint or nail polish\nthe mixture is not—\na class 1 explosive; or\nan authorised explosive.\nA person who possesses an explosive mentioned in subsection (1) must not use or modify the explosive to produce an explosive effect.\nMaximum penalty—200 penalty units.\n(sec.7-ssec.1) An explosive is exempt from the Act if— the explosive is an ingredient in a mixture prepared for a use that does not include initiating the mixture; and nitroglycerine contained in a tablet nitrocellulose contained in paint or nail polish the mixture is not— a class 1 explosive; or an authorised explosive.\n(sec.7-ssec.2) A person who possesses an explosive mentioned in subsection (1) must not use or modify the explosive to produce an explosive effect. Maximum penalty—200 penalty units.\n- (a) the explosive is an ingredient in a mixture prepared for a use that does not include initiating the mixture; and Examples of an ingredient for paragraph (a) — • nitroglycerine contained in a tablet • nitrocellulose contained in paint or nail polish\n- • nitroglycerine contained in a tablet\n- • nitrocellulose contained in paint or nail polish\n- (b) the mixture is not— (i) a class 1 explosive; or (ii) an authorised explosive.\n- (i) a class 1 explosive; or\n- (ii) an authorised explosive.\n- • nitroglycerine contained in a tablet\n- • nitrocellulose contained in paint or nail polish\n- (i) a class 1 explosive; or\n- (ii) an authorised explosive.","sortOrder":7},{"sectionNumber":"sec.7A","sectionType":"section","heading":null,"content":"### Section sec.7A\n\ns 7A ins 2025 SL No. 43 s 3\nexp 1 July 2025 (see s 7(4))","sortOrder":8},{"sectionNumber":"sec.8","sectionType":"section","heading":"Entities exempt from particular provisions of Act","content":"### sec.8 Entities exempt from particular provisions of Act\n\nThe following entities are exempt from part 4 , divisions 2 , 7 and 8 of the Act —\na police officer, special constable or police recruit of the Queensland Police Service who is acting in the course of the person’s official duties;\na person mentioned in paragraph (a) who is not on duty as a member of the Queensland Police Service, in relation to the possession of—\nsmall arms ammunition; or\nan explosive that is an exhibit in a court proceeding;\nan officer of another State’s police service who is acting in the course of the officer’s official duties in Queensland for the Queensland Police Service;\na corrective services officer who is acting in the course of the officer’s official duties.\nHowever, subsection (1) (b) applies only if the person is acting in accordance with any directions of the commissioner of the police service given in relation to the off-duty possession of ammunition or an explosive that is an exhibit.\nAn inspector who is acting in the course of the inspector’s official duties is exempt from part 4 , divisions 2 and 6 to 8 of the Act .\nIn this section—\npolice recruit see the Police Service Administration Act 1990 , schedule 2 .\nspecial constable see the Police Service Administration Act 1990 , schedule 2 .\ns 8 amd 2023 Act No. 7 s 68 s ch 1 pt 2 ; 2024 SL No. 167 s 45\n(sec.8-ssec.1) The following entities are exempt from part 4 , divisions 2 , 7 and 8 of the Act — a police officer, special constable or police recruit of the Queensland Police Service who is acting in the course of the person’s official duties; a person mentioned in paragraph (a) who is not on duty as a member of the Queensland Police Service, in relation to the possession of— small arms ammunition; or an explosive that is an exhibit in a court proceeding; an officer of another State’s police service who is acting in the course of the officer’s official duties in Queensland for the Queensland Police Service; a corrective services officer who is acting in the course of the officer’s official duties.\n(sec.8-ssec.2) However, subsection (1) (b) applies only if the person is acting in accordance with any directions of the commissioner of the police service given in relation to the off-duty possession of ammunition or an explosive that is an exhibit.\n(sec.8-ssec.3) An inspector who is acting in the course of the inspector’s official duties is exempt from part 4 , divisions 2 and 6 to 8 of the Act .\n(sec.8-ssec.4) In this section— police recruit see the Police Service Administration Act 1990 , schedule 2 . special constable see the Police Service Administration Act 1990 , schedule 2 . s 8 amd 2023 Act No. 7 s 68 s ch 1 pt 2 ; 2024 SL No. 167 s 45\n- (a) a police officer, special constable or police recruit of the Queensland Police Service who is acting in the course of the person’s official duties;\n- (b) a person mentioned in paragraph (a) who is not on duty as a member of the Queensland Police Service, in relation to the possession of— (i) small arms ammunition; or (ii) an explosive that is an exhibit in a court proceeding;\n- (i) small arms ammunition; or\n- (ii) an explosive that is an exhibit in a court proceeding;\n- (c) an officer of another State’s police service who is acting in the course of the officer’s official duties in Queensland for the Queensland Police Service;\n- (d) a corrective services officer who is acting in the course of the officer’s official duties.\n- (i) small arms ammunition; or\n- (ii) an explosive that is an exhibit in a court proceeding;","sortOrder":9},{"sectionNumber":"sec.8AA","sectionType":"section","heading":"Exemptions for Queensland Police Service relating to security clearances— Act , s 7","content":"### sec.8AA Exemptions for Queensland Police Service relating to security clearances— Act , s 7\n\nThis section prescribes exemptions for section 7 of the Act .\nDespite section 15A (2) of the Act , the Queensland Police Service is an appropriate person to hold, or to continue to hold, a security sensitive authority even if an employee of the Queensland Police Service—\nhas or will have unsupervised access to an explosive in the course of the employee’s employment; and\ndoes not hold a security clearance.\nDespite section 33 (1) (b) of the Act , the Queensland Police Service may allow an employee of the Queensland Police Service to have access to an explosive—\neven if the employee does not hold a security clearance; and\neven if the access is not in the presence, and under the direct supervision, of a person who holds a security clearance.\nTo remove any doubt, it is declared that Queensland Police Service must not allow an employee of the Queensland Police Service to have access to an explosive unless—\nthe employee is the age prescribed by section 18A ; and\nthe access is within the course of the employee’s employment.\ns 8AA ins 2024 SL No. 167 s 47\n(sec.8AA-ssec.1) This section prescribes exemptions for section 7 of the Act .\n(sec.8AA-ssec.2) Despite section 15A (2) of the Act , the Queensland Police Service is an appropriate person to hold, or to continue to hold, a security sensitive authority even if an employee of the Queensland Police Service— has or will have unsupervised access to an explosive in the course of the employee’s employment; and does not hold a security clearance.\n(sec.8AA-ssec.3) Despite section 33 (1) (b) of the Act , the Queensland Police Service may allow an employee of the Queensland Police Service to have access to an explosive— even if the employee does not hold a security clearance; and even if the access is not in the presence, and under the direct supervision, of a person who holds a security clearance.\n(sec.8AA-ssec.4) To remove any doubt, it is declared that Queensland Police Service must not allow an employee of the Queensland Police Service to have access to an explosive unless— the employee is the age prescribed by section 18A ; and the access is within the course of the employee’s employment.\n- (a) has or will have unsupervised access to an explosive in the course of the employee’s employment; and\n- (b) does not hold a security clearance.\n- (a) even if the employee does not hold a security clearance; and\n- (b) even if the access is not in the presence, and under the direct supervision, of a person who holds a security clearance.\n- (a) the employee is the age prescribed by section 18A ; and\n- (b) the access is within the course of the employee’s employment.","sortOrder":10},{"sectionNumber":"sec.8AB","sectionType":"section","heading":"Exemptions for government entities and Commonwealth entities relating to security clearances— Act , s 7","content":"### sec.8AB Exemptions for government entities and Commonwealth entities relating to security clearances— Act , s 7\n\nThis section prescribes exemptions for section 7 of the Act .\nDespite section 15 (4) (b) (iii) of the Act , the chief inspector, in deciding whether a government entity or a Commonwealth entity is an appropriate person, is not required to consider whether an executive officer of the government entity or the Commonwealth entity would be considered to be an appropriate person under section 15 of the Act .\nDespite section 17 (2) (c) of the Act , the chief inspector may issue a security sensitive authority to a government entity or a Commonwealth entity even if each executive officer of the government entity or the Commonwealth entity does not hold a security clearance.\nDespite section 23 (1) (k) of the Act , the expiry, cancellation, suspension or surrender of a security clearance held by an executive officer of a government entity or a Commonwealth entity is not a ground for suspending or cancelling an authority held by the government entity or the Commonwealth entity.\ns 8AB ins 2024 SL No. 167 s 47\n(sec.8AB-ssec.1) This section prescribes exemptions for section 7 of the Act .\n(sec.8AB-ssec.2) Despite section 15 (4) (b) (iii) of the Act , the chief inspector, in deciding whether a government entity or a Commonwealth entity is an appropriate person, is not required to consider whether an executive officer of the government entity or the Commonwealth entity would be considered to be an appropriate person under section 15 of the Act .\n(sec.8AB-ssec.3) Despite section 17 (2) (c) of the Act , the chief inspector may issue a security sensitive authority to a government entity or a Commonwealth entity even if each executive officer of the government entity or the Commonwealth entity does not hold a security clearance.\n(sec.8AB-ssec.4) Despite section 23 (1) (k) of the Act , the expiry, cancellation, suspension or surrender of a security clearance held by an executive officer of a government entity or a Commonwealth entity is not a ground for suspending or cancelling an authority held by the government entity or the Commonwealth entity.","sortOrder":11},{"sectionNumber":"sec.8A","sectionType":"section","heading":"Security sensitive explosives— Act , sch 2","content":"### sec.8A Security sensitive explosives— Act , sch 2\n\nFor schedule 2 of the Act , definition security sensitive explosive , paragraph (c) , an unrestricted firework is prescribed.\nFor schedule 2 of the Act , definition security sensitive explosive , paragraph (f) , the following explosives are prescribed—\nsecurity sensitive ammonium nitrate;\nsmall arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition that is permitted to be used by the holder of a licence to use explosives mentioned in schedule 1 , part 1 , item 1, paragraph (c) .\nThe effect of paragraph (b) is that a licence to use explosives mentioned in paragraph (b) is a security sensitive authority in relation to which the holder is required to hold a security clearance. See section 2A , and schedule 2 , definition security sensitive authority , of the Act .\ns 8A ins 2019 Act No. 7 s 94\namd 2024 SL No. 167 s 46\n(sec.8A-ssec.1) For schedule 2 of the Act , definition security sensitive explosive , paragraph (c) , an unrestricted firework is prescribed.\n(sec.8A-ssec.2) For schedule 2 of the Act , definition security sensitive explosive , paragraph (f) , the following explosives are prescribed— security sensitive ammonium nitrate; small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition that is permitted to be used by the holder of a licence to use explosives mentioned in schedule 1 , part 1 , item 1, paragraph (c) . The effect of paragraph (b) is that a licence to use explosives mentioned in paragraph (b) is a security sensitive authority in relation to which the holder is required to hold a security clearance. See section 2A , and schedule 2 , definition security sensitive authority , of the Act .\n- (a) security sensitive ammonium nitrate;\n- (b) small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition that is permitted to be used by the holder of a licence to use explosives mentioned in schedule 1 , part 1 , item 1, paragraph (c) . Note— The effect of paragraph (b) is that a licence to use explosives mentioned in paragraph (b) is a security sensitive authority in relation to which the holder is required to hold a security clearance. See section 2A , and schedule 2 , definition security sensitive authority , of the Act .","sortOrder":12},{"sectionNumber":"sec.9","sectionType":"section","heading":"Alternative safety and security measures","content":"### sec.9 Alternative safety and security measures\n\nThis section applies if this regulation states that a person may use alternative safety and security measures for any of the following (each a stated provision )—\nan Australian Standard;\na code of practice;\na provision of this regulation.\nThe person may use systems, methods or procedures ( alternative safety and security measures ) that do not comply with the stated provision if—\nthe alternative safety and security measures achieve a level of risk (the required level of risk ) that is equal to or less than the level of risk achieved by the systems, methods or procedures provided for under the stated provision; and\nthe person records the alternative safety and security measures in writing.\nThe person must, on the request of an inspector, give the inspector a copy of the document recording the alternative safety and security measures.\nThe inspector may, if the inspector reasonably suspects the alternative safety and security measures do not achieve the required level of risk, give the person a remedial action notice under section 102 of the Act .\nThe notice must state, in addition to the matters mentioned in section 102 (3) of the Act , that the alternative safety and security measures do not achieve the required level of risk.\ns 9 amd 2019 Act No. 7 s 95\n(sec.9-ssec.1) This section applies if this regulation states that a person may use alternative safety and security measures for any of the following (each a stated provision )— an Australian Standard; a code of practice; a provision of this regulation.\n(sec.9-ssec.2) The person may use systems, methods or procedures ( alternative safety and security measures ) that do not comply with the stated provision if— the alternative safety and security measures achieve a level of risk (the required level of risk ) that is equal to or less than the level of risk achieved by the systems, methods or procedures provided for under the stated provision; and the person records the alternative safety and security measures in writing.\n(sec.9-ssec.3) The person must, on the request of an inspector, give the inspector a copy of the document recording the alternative safety and security measures.\n(sec.9-ssec.4) The inspector may, if the inspector reasonably suspects the alternative safety and security measures do not achieve the required level of risk, give the person a remedial action notice under section 102 of the Act .\n(sec.9-ssec.5) The notice must state, in addition to the matters mentioned in section 102 (3) of the Act , that the alternative safety and security measures do not achieve the required level of risk.\n- (a) an Australian Standard;\n- (b) a code of practice;\n- (c) a provision of this regulation.\n- (a) the alternative safety and security measures achieve a level of risk (the required level of risk ) that is equal to or less than the level of risk achieved by the systems, methods or procedures provided for under the stated provision; and\n- (b) the person records the alternative safety and security measures in writing.","sortOrder":13},{"sectionNumber":"sec.10","sectionType":"section","heading":"Inconsistency with Australian Standards, codes of practice etc.","content":"### sec.10 Inconsistency with Australian Standards, codes of practice etc.\n\nThis section applies if there is an inconsistency between this regulation and any of the following documents—\nan Australian Standard mentioned in this regulation;\na code of practice mentioned in this regulation;\nthe UN model regulations;\nthe UN tests and criteria.\nThis regulation prevails to the extent of the inconsistency.\n(sec.10-ssec.1) This section applies if there is an inconsistency between this regulation and any of the following documents— an Australian Standard mentioned in this regulation; a code of practice mentioned in this regulation; the UN model regulations; the UN tests and criteria.\n(sec.10-ssec.2) This regulation prevails to the extent of the inconsistency.\n- (a) an Australian Standard mentioned in this regulation;\n- (b) a code of practice mentioned in this regulation;\n- (c) the UN model regulations;\n- (d) the UN tests and criteria.","sortOrder":14},{"sectionNumber":"pt.2","sectionType":"part","heading":"Authorised explosives, prohibited explosives and explosives trial approvals","content":"# Authorised explosives, prohibited explosives and explosives trial approvals","sortOrder":15},{"sectionNumber":"pt.2-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":16},{"sectionNumber":"sec.11","sectionType":"section","heading":"Definitions for part","content":"### sec.11 Definitions for part\n\nIn this part—\nprescribed information , for a request that an explosive be declared to be an authorised explosive or an application for an explosives trial approval, means each of the following—\na description of the explosive, including—\nthe name of the explosive; and\nthe design, composition and formulation of the explosive, including the mass of the explosive; and\nthe intended use of the explosive and how it functions; and\nthe classification code and the United Nations number, within the meaning of the UN model regulations, for the explosive; and\nthe shelf life recommended for the explosive by its manufacturer;\ndetails of all possible uses of the explosive and the purpose of the applicant’s intended use or uses of the explosive;\nfor an explosive suitable for use in an underground coal mine—details of the explosive’s suitability for the use, including the results of any tests carried out to decide the explosive’s suitability;\ninformation relevant to classifying the explosive, including—\nthe results of any tests carried out, under the UN tests and criteria, to classify the explosive; and\nany classification code for the explosive decided by the Commonwealth, another State or a foreign country;\ndetails of the manufacture of the explosive, including—\nthe name of the explosive’s manufacturer; and\nthe country in which the explosive has been manufactured by the manufacturer; and\nthe period for which the explosive has been manufactured by the manufacturer; and\nany information in the applicant’s possession about the safety history of the explosive’s use, whether in Australia or elsewhere;\nif the explosive is packaged, details of the packaging, including—\nmarkings on the package; and\nthe number of explosives contained in the package; and\nif the packaging has been tested under the Australian explosives code or the Australian dangerous goods code—the results of the testing and the approval number assigned to the packaging;\na safety data sheet for the explosive;\na written statement, prepared by the supplier of the explosive, of the supplier’s directions for the safe use and disposal of the explosive.\ntrial , for an explosives trial approval, means the trial, experiment or examination for which an unauthorised explosive or prohibited explosive will be manufactured, possessed, sold, stored, transported or used.\n- (a) a description of the explosive, including— (i) the name of the explosive; and (ii) the design, composition and formulation of the explosive, including the mass of the explosive; and (iii) the intended use of the explosive and how it functions; and (iv) the classification code and the United Nations number, within the meaning of the UN model regulations, for the explosive; and (v) the shelf life recommended for the explosive by its manufacturer;\n- (i) the name of the explosive; and\n- (ii) the design, composition and formulation of the explosive, including the mass of the explosive; and\n- (iii) the intended use of the explosive and how it functions; and\n- (iv) the classification code and the United Nations number, within the meaning of the UN model regulations, for the explosive; and\n- (v) the shelf life recommended for the explosive by its manufacturer;\n- (b) details of all possible uses of the explosive and the purpose of the applicant’s intended use or uses of the explosive;\n- (c) for an explosive suitable for use in an underground coal mine—details of the explosive’s suitability for the use, including the results of any tests carried out to decide the explosive’s suitability;\n- (d) information relevant to classifying the explosive, including— (i) the results of any tests carried out, under the UN tests and criteria, to classify the explosive; and (ii) any classification code for the explosive decided by the Commonwealth, another State or a foreign country;\n- (i) the results of any tests carried out, under the UN tests and criteria, to classify the explosive; and\n- (ii) any classification code for the explosive decided by the Commonwealth, another State or a foreign country;\n- (e) details of the manufacture of the explosive, including— (i) the name of the explosive’s manufacturer; and (ii) the country in which the explosive has been manufactured by the manufacturer; and (iii) the period for which the explosive has been manufactured by the manufacturer; and (iv) any information in the applicant’s possession about the safety history of the explosive’s use, whether in Australia or elsewhere;\n- (i) the name of the explosive’s manufacturer; and\n- (ii) the country in which the explosive has been manufactured by the manufacturer; and\n- (iii) the period for which the explosive has been manufactured by the manufacturer; and\n- (iv) any information in the applicant’s possession about the safety history of the explosive’s use, whether in Australia or elsewhere;\n- (f) if the explosive is packaged, details of the packaging, including— (i) markings on the package; and (ii) the number of explosives contained in the package; and (iii) if the packaging has been tested under the Australian explosives code or the Australian dangerous goods code—the results of the testing and the approval number assigned to the packaging;\n- (i) markings on the package; and\n- (ii) the number of explosives contained in the package; and\n- (iii) if the packaging has been tested under the Australian explosives code or the Australian dangerous goods code—the results of the testing and the approval number assigned to the packaging;\n- (g) a safety data sheet for the explosive;\n- (h) a written statement, prepared by the supplier of the explosive, of the supplier’s directions for the safe use and disposal of the explosive.\n- (i) the name of the explosive; and\n- (ii) the design, composition and formulation of the explosive, including the mass of the explosive; and\n- (iii) the intended use of the explosive and how it functions; and\n- (iv) the classification code and the United Nations number, within the meaning of the UN model regulations, for the explosive; and\n- (v) the shelf life recommended for the explosive by its manufacturer;\n- (i) the results of any tests carried out, under the UN tests and criteria, to classify the explosive; and\n- (ii) any classification code for the explosive decided by the Commonwealth, another State or a foreign country;\n- (i) the name of the explosive’s manufacturer; and\n- (ii) the country in which the explosive has been manufactured by the manufacturer; and\n- (iii) the period for which the explosive has been manufactured by the manufacturer; and\n- (iv) any information in the applicant’s possession about the safety history of the explosive’s use, whether in Australia or elsewhere;\n- (i) markings on the package; and\n- (ii) the number of explosives contained in the package; and\n- (iii) if the packaging has been tested under the Australian explosives code or the Australian dangerous goods code—the results of the testing and the approval number assigned to the packaging;","sortOrder":17},{"sectionNumber":"pt.2-div.2","sectionType":"division","heading":"Authorised explosives","content":"## Authorised explosives","sortOrder":18},{"sectionNumber":"sec.12","sectionType":"section","heading":"Classification of authorised explosives— Act , s 8","content":"### sec.12 Classification of authorised explosives— Act , s 8\n\nFor section 8 (2) (b) of the Act , an explosive must be classified—\nfor an explosive to which the UN model regulations apply—\naccording to the explosive’s class, division and compatibility group under the UN model regulations; or\naccording to the explosive’s class, division and packing group under the UN model regulations; or\nfor an explosive to which the UN model regulations do not apply—\nif the explosive is mentioned in the Australian explosives code, appendix 9—as an explosive too dangerous to transport; or\nif the explosive is a substance declared to be an explosive under section 6 —as non-dangerous goods.\n- (a) for an explosive to which the UN model regulations apply— (i) according to the explosive’s class, division and compatibility group under the UN model regulations; or (ii) according to the explosive’s class, division and packing group under the UN model regulations; or\n- (i) according to the explosive’s class, division and compatibility group under the UN model regulations; or\n- (ii) according to the explosive’s class, division and packing group under the UN model regulations; or\n- (b) for an explosive to which the UN model regulations do not apply— (i) if the explosive is mentioned in the Australian explosives code, appendix 9—as an explosive too dangerous to transport; or (ii) if the explosive is a substance declared to be an explosive under section 6 —as non-dangerous goods.\n- (i) if the explosive is mentioned in the Australian explosives code, appendix 9—as an explosive too dangerous to transport; or\n- (ii) if the explosive is a substance declared to be an explosive under section 6 —as non-dangerous goods.\n- (i) according to the explosive’s class, division and compatibility group under the UN model regulations; or\n- (ii) according to the explosive’s class, division and packing group under the UN model regulations; or\n- (i) if the explosive is mentioned in the Australian explosives code, appendix 9—as an explosive too dangerous to transport; or\n- (ii) if the explosive is a substance declared to be an explosive under section 6 —as non-dangerous goods.","sortOrder":19},{"sectionNumber":"sec.13","sectionType":"section","heading":"Request for declaration of authorised explosive","content":"### sec.13 Request for declaration of authorised explosive\n\nA person may ask the chief inspector to declare an explosive to be an authorised explosive.\nThe request must—\nbe in the approved form; and\ninclude or be accompanied by the prescribed information; and\nbe accompanied by the fee stated in schedule 2 , part 1 for the request.\nThe chief inspector may ask the person to give, within the period stated by the chief inspector but at least 28 days after the date of the request, any further relevant information or evidence the chief inspector requires to decide whether to make the declaration.\nWithout limiting subsection (3) , the chief inspector may ask the person to give a sample of the explosive.\nThe person must give the chief inspector the further information or evidence requested.\nThe person is taken to have withdrawn the request if the person fails to provide the further information or evidence requested within the period stated by the chief inspector.\n(sec.13-ssec.1) A person may ask the chief inspector to declare an explosive to be an authorised explosive.\n(sec.13-ssec.2) The request must— be in the approved form; and include or be accompanied by the prescribed information; and be accompanied by the fee stated in schedule 2 , part 1 for the request.\n(sec.13-ssec.3) The chief inspector may ask the person to give, within the period stated by the chief inspector but at least 28 days after the date of the request, any further relevant information or evidence the chief inspector requires to decide whether to make the declaration.\n(sec.13-ssec.4) Without limiting subsection (3) , the chief inspector may ask the person to give a sample of the explosive.\n(sec.13-ssec.5) The person must give the chief inspector the further information or evidence requested.\n(sec.13-ssec.6) The person is taken to have withdrawn the request if the person fails to provide the further information or evidence requested within the period stated by the chief inspector.\n- (a) be in the approved form; and\n- (b) include or be accompanied by the prescribed information; and\n- (c) be accompanied by the fee stated in schedule 2 , part 1 for the request.","sortOrder":20},{"sectionNumber":"sec.14","sectionType":"section","heading":"Advice of chief inspector’s decision","content":"### sec.14 Advice of chief inspector’s decision\n\nThis section applies if the chief inspector receives a request under section 13 that the chief inspector declare an explosive to be an authorised explosive.\nThe chief inspector must, as soon as practicable after deciding whether to make the declaration, give the person—\nif the chief inspector decides to make the declaration—notice of the declaration; or\nif the chief inspector decides not to make the declaration—an information notice for the decision.\n(sec.14-ssec.1) This section applies if the chief inspector receives a request under section 13 that the chief inspector declare an explosive to be an authorised explosive.\n(sec.14-ssec.2) The chief inspector must, as soon as practicable after deciding whether to make the declaration, give the person— if the chief inspector decides to make the declaration—notice of the declaration; or if the chief inspector decides not to make the declaration—an information notice for the decision.\n- (a) if the chief inspector decides to make the declaration—notice of the declaration; or\n- (b) if the chief inspector decides not to make the declaration—an information notice for the decision.","sortOrder":21},{"sectionNumber":"pt.2-div.3","sectionType":"division","heading":"Prohibited explosives","content":"## Prohibited explosives","sortOrder":22},{"sectionNumber":"sec.15","sectionType":"section","heading":"Declaration of prohibited explosive— Act , s 10","content":"### sec.15 Declaration of prohibited explosive— Act , s 10\n\nFor section 10 of the Act , an explosive mentioned in schedule 1 , part 1 is a prohibited explosive.","sortOrder":23},{"sectionNumber":"pt.2-div.4","sectionType":"division","heading":"Explosives trial approvals","content":"## Explosives trial approvals","sortOrder":24},{"sectionNumber":"sec.16","sectionType":"section","heading":"Application for explosives trial approval","content":"### sec.16 Application for explosives trial approval\n\nA person may apply to the chief inspector for an explosives trial approval.\nThe application must—\nbe in the approved form; and\ninclude or be accompanied by as much of the prescribed information for the application as the applicant can reasonably obtain; and\nbe accompanied by the fee stated in schedule 2 , part 1 for the application.\nThe approved form must provide for the inclusion of the following information—\nthe reason for, or purpose of, the trial;\nthe date the trial will start and the estimated completion date;\nwhere the trial will be carried out;\nthe estimated amount of explosive that will be used for the trial;\nthe name of the person who will supervise the trial.\nThe chief inspector may ask the person to give, within the period stated by the chief inspector but at least 28 days after the date of the request, any further relevant information or evidence the chief inspector requires to decide whether to issue the approval.\nWithout limiting subsection (4) , the chief inspector may ask the person to give a sample of an explosive that will be used for the trial.\nThe person must give the chief inspector the further information or evidence requested.\nThe person is taken to have withdrawn the application if the person fails to provide the further information or evidence requested within the period stated by the chief inspector.\ns 16 amd 2020 SL No. 107 s 13\n(sec.16-ssec.1) A person may apply to the chief inspector for an explosives trial approval.\n(sec.16-ssec.2) The application must— be in the approved form; and include or be accompanied by as much of the prescribed information for the application as the applicant can reasonably obtain; and be accompanied by the fee stated in schedule 2 , part 1 for the application.\n(sec.16-ssec.3) The approved form must provide for the inclusion of the following information— the reason for, or purpose of, the trial; the date the trial will start and the estimated completion date; where the trial will be carried out; the estimated amount of explosive that will be used for the trial; the name of the person who will supervise the trial.\n(sec.16-ssec.4) The chief inspector may ask the person to give, within the period stated by the chief inspector but at least 28 days after the date of the request, any further relevant information or evidence the chief inspector requires to decide whether to issue the approval.\n(sec.16-ssec.5) Without limiting subsection (4) , the chief inspector may ask the person to give a sample of an explosive that will be used for the trial.\n(sec.16-ssec.6) The person must give the chief inspector the further information or evidence requested.\n(sec.16-ssec.7) The person is taken to have withdrawn the application if the person fails to provide the further information or evidence requested within the period stated by the chief inspector.\n- (a) be in the approved form; and\n- (b) include or be accompanied by as much of the prescribed information for the application as the applicant can reasonably obtain; and\n- (c) be accompanied by the fee stated in schedule 2 , part 1 for the application.\n- (a) the reason for, or purpose of, the trial;\n- (b) the date the trial will start and the estimated completion date;\n- (c) where the trial will be carried out;\n- (d) the estimated amount of explosive that will be used for the trial;\n- (e) the name of the person who will supervise the trial.","sortOrder":25},{"sectionNumber":"sec.17","sectionType":"section","heading":"How chief inspector must deal with application","content":"### sec.17 How chief inspector must deal with application\n\nThe chief inspector must consider an application for an explosives trial approval and decide to—\nissue the approval with—\nthe conditions stated in section 18 ; and\nany other conditions imposed by the chief inspector that are consistent with the conditions stated in section 18 ; or\nrefuse to issue the approval.\nIf the chief inspector decides to issue the explosives trial approval, the chief inspector must, as soon as practicable, give the applicant—\nthe approval; and\nif the chief inspector decides to impose conditions on the approval under subsection (1) (a) (ii) —an information notice for the decision.\nIf the chief inspector decides not to issue the explosives trial approval, the chief inspector must, as soon as practicable, give the applicant an information notice for the decision.\n(sec.17-ssec.1) The chief inspector must consider an application for an explosives trial approval and decide to— issue the approval with— the conditions stated in section 18 ; and any other conditions imposed by the chief inspector that are consistent with the conditions stated in section 18 ; or refuse to issue the approval.\n(sec.17-ssec.2) If the chief inspector decides to issue the explosives trial approval, the chief inspector must, as soon as practicable, give the applicant— the approval; and if the chief inspector decides to impose conditions on the approval under subsection (1) (a) (ii) —an information notice for the decision.\n(sec.17-ssec.3) If the chief inspector decides not to issue the explosives trial approval, the chief inspector must, as soon as practicable, give the applicant an information notice for the decision.\n- (a) issue the approval with— (i) the conditions stated in section 18 ; and (ii) any other conditions imposed by the chief inspector that are consistent with the conditions stated in section 18 ; or\n- (i) the conditions stated in section 18 ; and\n- (ii) any other conditions imposed by the chief inspector that are consistent with the conditions stated in section 18 ; or\n- (b) refuse to issue the approval.\n- (i) the conditions stated in section 18 ; and\n- (ii) any other conditions imposed by the chief inspector that are consistent with the conditions stated in section 18 ; or\n- (a) the approval; and\n- (b) if the chief inspector decides to impose conditions on the approval under subsection (1) (a) (ii) —an information notice for the decision.","sortOrder":26},{"sectionNumber":"sec.18","sectionType":"section","heading":"Conditions of explosives trial approval","content":"### sec.18 Conditions of explosives trial approval\n\nAn explosives trial approval is subject to the following conditions—\nthe trial must not take place without the written consent of the owner or occupier of the place where the trial is carried out;\nthe holder of the approval must ensure the trial is carried out in accordance in all material respects with the information given to the chief inspector with the application for the approval;\nthe holder of the approval must give the chief inspector a written report about the trial as soon as practicable after the trial is completed.\nFor subsection (1) (c) , the report must state—\nthe results of the trial; and\nany action the holder of the approval proposes to take in relation to the explosive.\n(sec.18-ssec.1) An explosives trial approval is subject to the following conditions— the trial must not take place without the written consent of the owner or occupier of the place where the trial is carried out; the holder of the approval must ensure the trial is carried out in accordance in all material respects with the information given to the chief inspector with the application for the approval; the holder of the approval must give the chief inspector a written report about the trial as soon as practicable after the trial is completed.\n(sec.18-ssec.2) For subsection (1) (c) , the report must state— the results of the trial; and any action the holder of the approval proposes to take in relation to the explosive.\n- (a) the trial must not take place without the written consent of the owner or occupier of the place where the trial is carried out;\n- (b) the holder of the approval must ensure the trial is carried out in accordance in all material respects with the information given to the chief inspector with the application for the approval;\n- (c) the holder of the approval must give the chief inspector a written report about the trial as soon as practicable after the trial is completed.\n- (a) the results of the trial; and\n- (b) any action the holder of the approval proposes to take in relation to the explosive.","sortOrder":27},{"sectionNumber":"pt.2A","sectionType":"part","heading":"Obligations of employers generally","content":"# Obligations of employers generally","sortOrder":28},{"sectionNumber":"sec.18A","sectionType":"section","heading":"Age of employees— Act , s 33","content":"### sec.18A Age of employees— Act , s 33\n\nFor section 33 (1) (a) of the Act , the following ages are prescribed—\nfor an employee who is employed to drive a vehicle that is transporting explosives—21 years or more;\notherwise—18 years or more.\nThis section does not apply in relation to an employee who is employed to work at a mine.\ns 18A ins 2019 Act No. 7 s 96\n(sec.18A-ssec.1) For section 33 (1) (a) of the Act , the following ages are prescribed— for an employee who is employed to drive a vehicle that is transporting explosives—21 years or more; otherwise—18 years or more.\n(sec.18A-ssec.2) This section does not apply in relation to an employee who is employed to work at a mine.\n- (a) for an employee who is employed to drive a vehicle that is transporting explosives—21 years or more;\n- (b) otherwise—18 years or more.","sortOrder":29},{"sectionNumber":"pt.2B","sectionType":"part","heading":null,"content":"","sortOrder":30},{"sectionNumber":"pt.3","sectionType":"part","heading":"Authorities and security clearances","content":"# Authorities and security clearances","sortOrder":31},{"sectionNumber":"pt.3-div.1AA","sectionType":"division","heading":"Security clearances","content":"## Security clearances","sortOrder":32},{"sectionNumber":"sec.18B","sectionType":"section","heading":"Notification requirements for security clearance holders","content":"### sec.18B Notification requirements for security clearance holders\n\nThis section applies if any of the following events (each a notifiable event ) happens during the term of a security clearance—\nthe holder of the security clearance is, in Queensland or elsewhere, convicted of or charged with a relevant offence;\nthe holder of the security clearance is named as the respondent in a domestic violence order, police protection direction or police protection notice;\nrelease conditions are imposed on the holder of the security clearance under the Domestic and Family Violence Protection Act 2012 , section 125 ;\nthe holder of the security clearance becomes aware of another change in circumstances that affects the holder’s suitability to continue to hold the security clearance;\na change in the holder’s mental health\nthe name or address of the holder of the security clearance changes.\nThe holder of the security clearance must, as soon as practicable after the holder becomes aware the notifiable event has happened, give the chief inspector a notice about the event, unless the holder has a reasonable excuse.\nMaximum penalty—\nfor a notifiable event mentioned in subsection (1) (d) —50 penalty units; or\nfor a notifiable event mentioned in subsection (1) (e) —20 penalty units; or\notherwise—200 penalty units.\ns 18B ins 2019 Act No. 7 s 96\nreloc 2020 SL No. 170 s 6\namd 2025 SL No. 129 s 19\n(sec.18B-ssec.1) This section applies if any of the following events (each a notifiable event ) happens during the term of a security clearance— the holder of the security clearance is, in Queensland or elsewhere, convicted of or charged with a relevant offence; the holder of the security clearance is named as the respondent in a domestic violence order, police protection direction or police protection notice; release conditions are imposed on the holder of the security clearance under the Domestic and Family Violence Protection Act 2012 , section 125 ; the holder of the security clearance becomes aware of another change in circumstances that affects the holder’s suitability to continue to hold the security clearance; a change in the holder’s mental health the name or address of the holder of the security clearance changes.\n(sec.18B-ssec.2) The holder of the security clearance must, as soon as practicable after the holder becomes aware the notifiable event has happened, give the chief inspector a notice about the event, unless the holder has a reasonable excuse. Maximum penalty— for a notifiable event mentioned in subsection (1) (d) —50 penalty units; or for a notifiable event mentioned in subsection (1) (e) —20 penalty units; or otherwise—200 penalty units.\n- (a) the holder of the security clearance is, in Queensland or elsewhere, convicted of or charged with a relevant offence;\n- (b) the holder of the security clearance is named as the respondent in a domestic violence order, police protection direction or police protection notice;\n- (c) release conditions are imposed on the holder of the security clearance under the Domestic and Family Violence Protection Act 2012 , section 125 ;\n- (d) the holder of the security clearance becomes aware of another change in circumstances that affects the holder’s suitability to continue to hold the security clearance; Example for paragraph (d) — a change in the holder’s mental health\n- (e) the name or address of the holder of the security clearance changes.\n- (a) for a notifiable event mentioned in subsection (1) (d) —50 penalty units; or\n- (b) for a notifiable event mentioned in subsection (1) (e) —20 penalty units; or\n- (c) otherwise—200 penalty units.","sortOrder":33},{"sectionNumber":"sec.18C","sectionType":"section","heading":"Persons to be notified if security clearance suspended, cancelled or surrendered","content":"### sec.18C Persons to be notified if security clearance suspended, cancelled or surrendered\n\nIf a security clearance is suspended, the holder of the security clearance must, as soon as practicable after becoming aware of the suspension, take all reasonable steps to give notice of the suspension to each notifiable person for the holder, unless the holder has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf a security clearance is cancelled, the former holder of the security clearance must, as soon as practicable after becoming aware of the cancellation, take all reasonable steps to give notice of the cancellation to each notifiable person for the former holder, unless the former holder has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIf a security clearance is surrendered, the former holder of the security clearance must, as soon as practicable after the surrender takes effect, take all reasonable steps to give notice of the surrender to each notifiable person for the former holder, unless the former holder has a reasonable excuse.\nMaximum penalty—200 penalty units.\nIn this section—\nnotifiable person , for the holder or former holder of a security clearance, means—\nif the holder or former holder is an employee of an employer who holds a security sensitive authority—the employer; or\nif the holder or former holder is a responsible person for a listed corporation that holds a security sensitive authority—each executive officer of the corporation; or\nif the holder or former holder is an executive officer of a corporation, other than a listed corporation, that holds a security sensitive authority—each other executive officer of the corporation; or\nif the holder or former holder is a partner in a partnership that holds a security sensitive authority—each other partner.\ns 18C (prev s 18BA) ins 2020 SL No. 170 s 5\nrenum 2020 SL No. 170 s 7\n(sec.18C-ssec.1) If a security clearance is suspended, the holder of the security clearance must, as soon as practicable after becoming aware of the suspension, take all reasonable steps to give notice of the suspension to each notifiable person for the holder, unless the holder has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.18C-ssec.2) If a security clearance is cancelled, the former holder of the security clearance must, as soon as practicable after becoming aware of the cancellation, take all reasonable steps to give notice of the cancellation to each notifiable person for the former holder, unless the former holder has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.18C-ssec.3) If a security clearance is surrendered, the former holder of the security clearance must, as soon as practicable after the surrender takes effect, take all reasonable steps to give notice of the surrender to each notifiable person for the former holder, unless the former holder has a reasonable excuse. Maximum penalty—200 penalty units.\n(sec.18C-ssec.4) In this section— notifiable person , for the holder or former holder of a security clearance, means— if the holder or former holder is an employee of an employer who holds a security sensitive authority—the employer; or if the holder or former holder is a responsible person for a listed corporation that holds a security sensitive authority—each executive officer of the corporation; or if the holder or former holder is an executive officer of a corporation, other than a listed corporation, that holds a security sensitive authority—each other executive officer of the corporation; or if the holder or former holder is a partner in a partnership that holds a security sensitive authority—each other partner.\n- (a) if the holder or former holder is an employee of an employer who holds a security sensitive authority—the employer; or\n- (b) if the holder or former holder is a responsible person for a listed corporation that holds a security sensitive authority—each executive officer of the corporation; or\n- (c) if the holder or former holder is an executive officer of a corporation, other than a listed corporation, that holds a security sensitive authority—each other executive officer of the corporation; or\n- (d) if the holder or former holder is a partner in a partnership that holds a security sensitive authority—each other partner.","sortOrder":34},{"sectionNumber":"sec.18D","sectionType":"section","heading":"Fees for security clearance","content":"### sec.18D Fees for security clearance\n\nThe fees payable under the Act for a security clearance are stated in schedule 2 , part 1 .\ns 18D (prev s 18C) ins 2019 SL No. 203 s 10\nreloc and renum 2020 SL No. 170 ss 6 – 7","sortOrder":35},{"sectionNumber":"pt.3-div.1","sectionType":"division","heading":"Types of authorities and related matters","content":"## Types of authorities and related matters","sortOrder":36},{"sectionNumber":"sec.19","sectionType":"section","heading":"Authorities that may be issued— Act , s 13","content":"### sec.19 Authorities that may be issued— Act , s 13\n\nFor section 13 of the Act , the following authorities may be issued—\nlicence to import explosives\nlicence to export explosives\npermit to import explosives\npermit to export explosives\nlicence to manufacture explosives\nlicence to sell explosives\nlicence to store explosives\npermit to store explosives\nlicence to transport explosives\nexplosives driver licence\nlicence to use explosives\nshotfirer licence\nfireworks contractor licence\nfireworks operator licence\nlicence to collect ammunition.\ns 19 amd 2019 Act No. 7 s 97\n- • licence to import explosives\n- • licence to export explosives\n- • permit to import explosives\n- • permit to export explosives\n- • licence to manufacture explosives\n- • licence to sell explosives\n- • licence to store explosives\n- • permit to store explosives\n- • licence to transport explosives\n- • explosives driver licence\n- • licence to use explosives\n- • shotfirer licence\n- • fireworks contractor licence\n- • fireworks operator licence\n- • licence to collect ammunition.","sortOrder":37},{"sectionNumber":"sec.20","sectionType":"section","heading":"Term of authority— Act , s 19","content":"### sec.20 Term of authority— Act , s 19\n\nFor section 19 (1) of the Act , the maximum term of an authority is—\nfor a fireworks contractor licence or a fireworks operator licence—3 years; or\nfor another authority—5 years.\n- (a) for a fireworks contractor licence or a fireworks operator licence—3 years; or\n- (b) for another authority—5 years.","sortOrder":38},{"sectionNumber":"sec.21","sectionType":"section","heading":"Fees for authority","content":"### sec.21 Fees for authority\n\nThe fees payable under the Act for an authority are stated in schedule 2 , part 1 .\ns 21 amd 2019 SL No. 203 s 11","sortOrder":39},{"sectionNumber":"sec.22","sectionType":"section","heading":null,"content":"### Section sec.22\n\ns 22 om 2022 SL No. 68 s 5","sortOrder":40},{"sectionNumber":"sec.23","sectionType":"section","heading":"Refund of fee if licence surrendered","content":"### sec.23 Refund of fee if licence surrendered\n\nAll or part of a licence fee paid may be refunded if—\nthe licence is issued for a term longer than 1 year; and\nthe licence is surrendered during the term.\nFor subsection (1) , the amount that may be refunded is the licence fee for each whole year of the unexpired term of the licence.\n(sec.23-ssec.1) All or part of a licence fee paid may be refunded if— the licence is issued for a term longer than 1 year; and the licence is surrendered during the term.\n(sec.23-ssec.2) For subsection (1) , the amount that may be refunded is the licence fee for each whole year of the unexpired term of the licence.\n- (a) the licence is issued for a term longer than 1 year; and\n- (b) the licence is surrendered during the term.","sortOrder":41},{"sectionNumber":"sec.23A","sectionType":"section","heading":"Occupational authorities— Act , sch 2","content":"### sec.23A Occupational authorities— Act , sch 2\n\nFor schedule 2 of the Act , definition occupational authority , each of the following authorities is prescribed—\nan explosives driver licence;\na fireworks operator licence;\na shotfirer licence;\na licence to use explosives;\na licence to collect ammunition.\ns 23A ins 2019 Act No. 7 s 98\n- (a) an explosives driver licence;\n- (b) a fireworks operator licence;\n- (c) a shotfirer licence;\n- (d) a licence to use explosives;\n- (e) a licence to collect ammunition.","sortOrder":42},{"sectionNumber":"pt.3-div.2","sectionType":"division","heading":"Matters authorised by authorities","content":"## Matters authorised by authorities","sortOrder":43},{"sectionNumber":"sec.24","sectionType":"section","heading":"Application of division","content":"### sec.24 Application of division\n\nFor section 13 of the Act , this division prescribes the matters authorised by each type of authority.\nHowever, each authorisation of a matter under this division is subject to any relevant restrictions or prohibitions under this regulation or a condition or other provision of the authority.\n(sec.24-ssec.1) For section 13 of the Act , this division prescribes the matters authorised by each type of authority.\n(sec.24-ssec.2) However, each authorisation of a matter under this division is subject to any relevant restrictions or prohibitions under this regulation or a condition or other provision of the authority.","sortOrder":44},{"sectionNumber":"sec.25","sectionType":"section","heading":"Licence to import explosives and licence to export explosives","content":"### sec.25 Licence to import explosives and licence to export explosives\n\nA licence to import explosives authorises the holder of the licence to—\nbring the explosives stated in the licence into the State from another country; and\npossess the explosives for the purpose of bringing them, under the licence, into the State.\nA licence to export explosives authorises the holder of the licence to—\nsend the explosives stated in the licence from the State to another country; and\npossess the explosives for the purpose of sending them, under the licence, to another country.\nA licence to import explosives or licence to export explosives does not authorise the holder of the licence to purchase or sell explosives.\n(sec.25-ssec.1) A licence to import explosives authorises the holder of the licence to— bring the explosives stated in the licence into the State from another country; and possess the explosives for the purpose of bringing them, under the licence, into the State.\n(sec.25-ssec.2) A licence to export explosives authorises the holder of the licence to— send the explosives stated in the licence from the State to another country; and possess the explosives for the purpose of sending them, under the licence, to another country.\n(sec.25-ssec.3) A licence to import explosives or licence to export explosives does not authorise the holder of the licence to purchase or sell explosives.\n- (a) bring the explosives stated in the licence into the State from another country; and\n- (b) possess the explosives for the purpose of bringing them, under the licence, into the State.\n- (a) send the explosives stated in the licence from the State to another country; and\n- (b) possess the explosives for the purpose of sending them, under the licence, to another country.","sortOrder":45},{"sectionNumber":"sec.26","sectionType":"section","heading":"Permit to import explosives and permit to export explosives","content":"### sec.26 Permit to import explosives and permit to export explosives\n\nA permit to import explosives authorises the holder of the permit to—\nbring into the State from another country, on the day and in the way stated in the permit, the explosives stated in the permit; and\npossess the explosives for the purpose of bringing them, under the permit, into the State.\nA permit to export explosives authorises the holder of the permit to—\nsend from the State to another country, on the day and in the way stated in the permit, the explosives stated in the permit; and\npossess the explosives for the purpose of sending them, under the permit, to another country.\nA permit to import explosives or permit to export explosives does not authorise the holder of the permit to purchase or sell explosives.\n(sec.26-ssec.1) A permit to import explosives authorises the holder of the permit to— bring into the State from another country, on the day and in the way stated in the permit, the explosives stated in the permit; and possess the explosives for the purpose of bringing them, under the permit, into the State.\n(sec.26-ssec.2) A permit to export explosives authorises the holder of the permit to— send from the State to another country, on the day and in the way stated in the permit, the explosives stated in the permit; and possess the explosives for the purpose of sending them, under the permit, to another country.\n(sec.26-ssec.3) A permit to import explosives or permit to export explosives does not authorise the holder of the permit to purchase or sell explosives.\n- (a) bring into the State from another country, on the day and in the way stated in the permit, the explosives stated in the permit; and\n- (b) possess the explosives for the purpose of bringing them, under the permit, into the State.\n- (a) send from the State to another country, on the day and in the way stated in the permit, the explosives stated in the permit; and\n- (b) possess the explosives for the purpose of sending them, under the permit, to another country.","sortOrder":46},{"sectionNumber":"sec.27","sectionType":"section","heading":"Licence to manufacture explosives","content":"### sec.27 Licence to manufacture explosives\n\nA licence to manufacture explosives authorises the holder of the licence to—\nmanufacture, at the place, if any, stated in the licence, the explosives stated in the licence; and\npossess explosives manufactured under the licence; and\npossess explosives used in the manufacture of the explosives stated in the licence; and\npurchase explosives used in the manufacture of the explosives stated in the licence; and\nif a place is stated in the licence—store the explosives at the place as required under part 8 ; and\nif the licence is for a mobile manufacturing unit—transport explosives manufactured under the licence, or used in the manufacture of the explosives stated in the licence, in the mobile manufacturing unit.\n- (a) manufacture, at the place, if any, stated in the licence, the explosives stated in the licence; and\n- (b) possess explosives manufactured under the licence; and\n- (c) possess explosives used in the manufacture of the explosives stated in the licence; and\n- (d) purchase explosives used in the manufacture of the explosives stated in the licence; and\n- (e) if a place is stated in the licence—store the explosives at the place as required under part 8 ; and\n- (f) if the licence is for a mobile manufacturing unit—transport explosives manufactured under the licence, or used in the manufacture of the explosives stated in the licence, in the mobile manufacturing unit.","sortOrder":47},{"sectionNumber":"sec.28","sectionType":"section","heading":"Licence to sell explosives","content":"### sec.28 Licence to sell explosives\n\nA licence to sell explosives authorises the holder of the licence to—\nsell, at a place, if any, stated in the licence, the explosives stated in the licence; and\npossess the explosives for the purpose of selling them under the licence; and\npurchase the explosives for the purpose of selling them under the licence; and\nif a place is stated in the licence—store the explosives at the place as required under part 8 for the purpose of selling them under the licence.\n- (a) sell, at a place, if any, stated in the licence, the explosives stated in the licence; and\n- (b) possess the explosives for the purpose of selling them under the licence; and\n- (c) purchase the explosives for the purpose of selling them under the licence; and\n- (d) if a place is stated in the licence—store the explosives at the place as required under part 8 for the purpose of selling them under the licence.","sortOrder":48},{"sectionNumber":"sec.29","sectionType":"section","heading":"Licence to store explosives","content":"### sec.29 Licence to store explosives\n\nA licence to store explosives authorises the holder of the licence to—\nstore, at a place stated in the licence, the explosives stated in the licence; and\npossess the explosives for the purpose of storing them under the licence; and\npurchase the explosives for the purpose of storing them under the licence.\n- (a) store, at a place stated in the licence, the explosives stated in the licence; and\n- (b) possess the explosives for the purpose of storing them under the licence; and\n- (c) purchase the explosives for the purpose of storing them under the licence.","sortOrder":49},{"sectionNumber":"sec.30","sectionType":"section","heading":"Permit to store explosives","content":"### sec.30 Permit to store explosives\n\nA permit to store explosives authorises the holder of the permit to—\nstore, at a place and for the period stated in the permit, the explosives stated in the permit; and\npossess the explosives, for the period stated in the permit, for the purpose of storing them under the permit.\n- (a) store, at a place and for the period stated in the permit, the explosives stated in the permit; and\n- (b) possess the explosives, for the period stated in the permit, for the purpose of storing them under the permit.","sortOrder":50},{"sectionNumber":"sec.31","sectionType":"section","heading":"Licence to transport explosives","content":"### sec.31 Licence to transport explosives\n\nA licence to transport explosives authorises the holder of the licence to—\noperate a business of transporting the explosives stated in the licence in the way stated in the licence; and\npossess the explosives for the purpose of operating a business of transporting the explosives under the licence.\nA licence to transport explosives does not authorise the holder of the licence to purchase explosives.\ns 31 amd 2019 Act No. 7 s 99\n(sec.31-ssec.1) A licence to transport explosives authorises the holder of the licence to— operate a business of transporting the explosives stated in the licence in the way stated in the licence; and possess the explosives for the purpose of operating a business of transporting the explosives under the licence.\n(sec.31-ssec.2) A licence to transport explosives does not authorise the holder of the licence to purchase explosives.\n- (a) operate a business of transporting the explosives stated in the licence in the way stated in the licence; and\n- (b) possess the explosives for the purpose of operating a business of transporting the explosives under the licence.","sortOrder":51},{"sectionNumber":"sec.31A","sectionType":"section","heading":"Explosives driver licence","content":"### sec.31A Explosives driver licence\n\nAn explosives driver licence authorises the holder of the licence to transport explosives by driving a vehicle that, under a licence to transport explosives, is a vehicle in which explosives of that class may be transported.\ns 31A ins 2019 Act No. 7 s 100","sortOrder":52},{"sectionNumber":"sec.32","sectionType":"section","heading":"Licence to use explosives","content":"### sec.32 Licence to use explosives\n\nA licence to use explosives authorises the holder of the licence to—\nuse the explosives stated in the licence for the purpose stated in the licence; and\npossess the explosives for the purpose of using them under the licence; and\npurchase the explosives for the purpose of using them under the licence; and\nstore and transport the explosives, as required under parts 8 and 9 , for the purpose of using them under the licence.\n- (a) use the explosives stated in the licence for the purpose stated in the licence; and\n- (b) possess the explosives for the purpose of using them under the licence; and\n- (c) purchase the explosives for the purpose of using them under the licence; and\n- (d) store and transport the explosives, as required under parts 8 and 9 , for the purpose of using them under the licence.","sortOrder":53},{"sectionNumber":"sec.33","sectionType":"section","heading":"Shotfirer licence","content":"### sec.33 Shotfirer licence\n\nA shotfirer licence authorises the holder of the licence to—\nuse the blasting explosives stated in the licence; and\npossess the blasting explosives for the purpose of using them under the licence; and\npurchase the blasting explosives for the purpose of using them under the licence; and\nstore the blasting explosives, as required under part 8 , for the purpose of using them under the licence; and\ntransport the blasting explosives, as required under part 9 , for the purpose of using them under the licence.\nHowever, a shotfirer licence authorises the holder of the licence to do a thing mentioned in subsection (1) (a) , (c) or (e) only if the holder has a current competency assessment in relation to the doing of the thing.\nIn this section—\ncurrent competency assessment , in relation to the doing of a thing mentioned in subsection (1) (a) , (c) or (e) by the holder of a shotfirer licence, means an assessment by a registered training organisation—\nthat the holder has attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of blasting explosives contained in an industry training package; and\nthat was performed within 5 years before the day the thing is done.\ns 33 amd 2019 SL No. 203 s 4\n(sec.33-ssec.1) A shotfirer licence authorises the holder of the licence to— use the blasting explosives stated in the licence; and possess the blasting explosives for the purpose of using them under the licence; and purchase the blasting explosives for the purpose of using them under the licence; and store the blasting explosives, as required under part 8 , for the purpose of using them under the licence; and transport the blasting explosives, as required under part 9 , for the purpose of using them under the licence.\n(sec.33-ssec.2) However, a shotfirer licence authorises the holder of the licence to do a thing mentioned in subsection (1) (a) , (c) or (e) only if the holder has a current competency assessment in relation to the doing of the thing.\n(sec.33-ssec.3) In this section— current competency assessment , in relation to the doing of a thing mentioned in subsection (1) (a) , (c) or (e) by the holder of a shotfirer licence, means an assessment by a registered training organisation— that the holder has attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of blasting explosives contained in an industry training package; and that was performed within 5 years before the day the thing is done.\n- (a) use the blasting explosives stated in the licence; and\n- (b) possess the blasting explosives for the purpose of using them under the licence; and\n- (c) purchase the blasting explosives for the purpose of using them under the licence; and\n- (d) store the blasting explosives, as required under part 8 , for the purpose of using them under the licence; and\n- (e) transport the blasting explosives, as required under part 9 , for the purpose of using them under the licence.\n- (a) that the holder has attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of blasting explosives contained in an industry training package; and\n- (b) that was performed within 5 years before the day the thing is done.","sortOrder":54},{"sectionNumber":"sec.34","sectionType":"section","heading":"Fireworks contractor licence","content":"### sec.34 Fireworks contractor licence\n\nA fireworks contractor licence authorises the holder of the licence to—\norganise, or agree to organise, a fireworks display for the display host for a fireworks display; and\npossess fireworks for the purpose of supplying them to a fireworks operator; and\npurchase fireworks for use in a fireworks display organised by the fireworks contractor; and\nsupply fireworks to a fireworks operator for use by the fireworks operator in a fireworks display organised by the fireworks contractor; and\nstore and transport fireworks, as required under parts 8 and 9 , for the purpose of supplying them to a fireworks operator.\n- (a) organise, or agree to organise, a fireworks display for the display host for a fireworks display; and\n- (b) possess fireworks for the purpose of supplying them to a fireworks operator; and\n- (c) purchase fireworks for use in a fireworks display organised by the fireworks contractor; and\n- (d) supply fireworks to a fireworks operator for use by the fireworks operator in a fireworks display organised by the fireworks contractor; and\n- (e) store and transport fireworks, as required under parts 8 and 9 , for the purpose of supplying them to a fireworks operator.","sortOrder":55},{"sectionNumber":"sec.35","sectionType":"section","heading":"Fireworks operator licence","content":"### sec.35 Fireworks operator licence\n\nA fireworks operator licence authorises the holder of the licence to—\nuse fireworks for the purpose of a fireworks display organised by a fireworks contractor; and\npossess fireworks for the purpose of using them in a fireworks display organised by a fireworks contractor; and\nstore and transport the fireworks, as required under parts 8 and 9 , for the purpose of using them in a fireworks display organised by a fireworks contractor.\nA fireworks operator licence does not authorise the holder of the licence to purchase fireworks.\n(sec.35-ssec.1) A fireworks operator licence authorises the holder of the licence to— use fireworks for the purpose of a fireworks display organised by a fireworks contractor; and possess fireworks for the purpose of using them in a fireworks display organised by a fireworks contractor; and store and transport the fireworks, as required under parts 8 and 9 , for the purpose of using them in a fireworks display organised by a fireworks contractor.\n(sec.35-ssec.2) A fireworks operator licence does not authorise the holder of the licence to purchase fireworks.\n- (a) use fireworks for the purpose of a fireworks display organised by a fireworks contractor; and\n- (b) possess fireworks for the purpose of using them in a fireworks display organised by a fireworks contractor; and\n- (c) store and transport the fireworks, as required under parts 8 and 9 , for the purpose of using them in a fireworks display organised by a fireworks contractor.","sortOrder":56},{"sectionNumber":"sec.36","sectionType":"section","heading":"Licence to collect ammunition","content":"### sec.36 Licence to collect ammunition\n\nA licence to collect ammunition authorises the holder of the licence to—\nbring collectors’ ammunition into the State from another country; and\nsend collectors’ ammunition from the State to another country; and\npurchase, sell and possess collectors’ ammunition; and\nstore and transport collectors’ ammunition as required under parts 8 and 9 .\n- (a) bring collectors’ ammunition into the State from another country; and\n- (b) send collectors’ ammunition from the State to another country; and\n- (c) purchase, sell and possess collectors’ ammunition; and\n- (d) store and transport collectors’ ammunition as required under parts 8 and 9 .","sortOrder":57},{"sectionNumber":"pt.3-div.3","sectionType":"division","heading":"Appropriate persons for issue of authorities","content":"## Appropriate persons for issue of authorities","sortOrder":58},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Explosives driver licence","content":"### sec.36A Explosives driver licence\n\nA person is an appropriate person for the issue of an explosives driver licence if—\nthe person—\nis 21 years or more; and\nholds a valid driver licence; and\nhas, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the transporting of explosives contained in an industry training package; and\nthe chief inspector is reasonably satisfied the person—\nis physically able to drive a vehicle transporting explosives; and\nis suitable having regard to the person’s driving history; and\nis, in all the circumstances, an appropriate person for the issue of an explosives driver licence.\nIn this section—\nvalid , in relation to a driver licence, means—\nthe licence has not expired; and\nthe licence has not been cancelled or suspended; and\nthe person is not disqualified, by order of an Australian court, from holding or obtaining a driver licence.\ns 36A ins 2019 Act No. 7 s 101\namd 2019 SL No. 203 s 12\n(sec.36A-ssec.1) A person is an appropriate person for the issue of an explosives driver licence if— the person— is 21 years or more; and holds a valid driver licence; and has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the transporting of explosives contained in an industry training package; and the chief inspector is reasonably satisfied the person— is physically able to drive a vehicle transporting explosives; and is suitable having regard to the person’s driving history; and is, in all the circumstances, an appropriate person for the issue of an explosives driver licence.\n(sec.36A-ssec.2) In this section— valid , in relation to a driver licence, means— the licence has not expired; and the licence has not been cancelled or suspended; and the person is not disqualified, by order of an Australian court, from holding or obtaining a driver licence.\n- (a) the person— (i) is 21 years or more; and (ii) holds a valid driver licence; and (iii) has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the transporting of explosives contained in an industry training package; and\n- (i) is 21 years or more; and\n- (ii) holds a valid driver licence; and\n- (iii) has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the transporting of explosives contained in an industry training package; and\n- (b) the chief inspector is reasonably satisfied the person— (i) is physically able to drive a vehicle transporting explosives; and (ii) is suitable having regard to the person’s driving history; and (iii) is, in all the circumstances, an appropriate person for the issue of an explosives driver licence.\n- (i) is physically able to drive a vehicle transporting explosives; and\n- (ii) is suitable having regard to the person’s driving history; and\n- (iii) is, in all the circumstances, an appropriate person for the issue of an explosives driver licence.\n- (i) is 21 years or more; and\n- (ii) holds a valid driver licence; and\n- (iii) has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the transporting of explosives contained in an industry training package; and\n- (i) is physically able to drive a vehicle transporting explosives; and\n- (ii) is suitable having regard to the person’s driving history; and\n- (iii) is, in all the circumstances, an appropriate person for the issue of an explosives driver licence.\n- (a) the licence has not expired; and\n- (b) the licence has not been cancelled or suspended; and\n- (c) the person is not disqualified, by order of an Australian court, from holding or obtaining a driver licence.","sortOrder":59},{"sectionNumber":"sec.37","sectionType":"section","heading":"Shotfirer licence","content":"### sec.37 Shotfirer licence\n\nA person is an appropriate person for the issue of a shotfirer licence if the chief inspector is reasonably satisfied the person—\nis an adult; and\nis physically able to carry out blasting activities; and\nhas, within the 5-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of blasting explosives contained in an industry training package; and\nhas satisfactory knowledge of the following matters—\nthe requirements under the Act about the storage, transport, manufacture, sale and use of blasting explosives;\nthe hazards associated with each type of blasting explosive stated in the licence, its blasting characteristics, and the procedures and methods for safely and securely handling the explosive;\nthe potential environmental consequences of blasting and methods for minimising the adverse effects of blasting; and\nis proficient in the following—\ndesigning, loading and initiating blasts;\nhandling misfires;\ndisposing of blasting explosives; and\nis, in all the circumstances, an appropriate person for the issue of a shotfirer licence.\nFor subsection (1) (d) and (e) , the chief inspector may require the person to take a written, oral or practical examination.\ns 37 amd 2019 SL No. 203 s 5 ; 2019 Act No. 7 s 102\n(sec.37-ssec.1) A person is an appropriate person for the issue of a shotfirer licence if the chief inspector is reasonably satisfied the person— is an adult; and is physically able to carry out blasting activities; and has, within the 5-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of blasting explosives contained in an industry training package; and has satisfactory knowledge of the following matters— the requirements under the Act about the storage, transport, manufacture, sale and use of blasting explosives; the hazards associated with each type of blasting explosive stated in the licence, its blasting characteristics, and the procedures and methods for safely and securely handling the explosive; the potential environmental consequences of blasting and methods for minimising the adverse effects of blasting; and is proficient in the following— designing, loading and initiating blasts; handling misfires; disposing of blasting explosives; and is, in all the circumstances, an appropriate person for the issue of a shotfirer licence.\n(sec.37-ssec.2) For subsection (1) (d) and (e) , the chief inspector may require the person to take a written, oral or practical examination.\n- (a) is an adult; and\n- (b) is physically able to carry out blasting activities; and\n- (c) has, within the 5-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of blasting explosives contained in an industry training package; and\n- (d) has satisfactory knowledge of the following matters— (i) the requirements under the Act about the storage, transport, manufacture, sale and use of blasting explosives; (ii) the hazards associated with each type of blasting explosive stated in the licence, its blasting characteristics, and the procedures and methods for safely and securely handling the explosive; (iii) the potential environmental consequences of blasting and methods for minimising the adverse effects of blasting; and\n- (i) the requirements under the Act about the storage, transport, manufacture, sale and use of blasting explosives;\n- (ii) the hazards associated with each type of blasting explosive stated in the licence, its blasting characteristics, and the procedures and methods for safely and securely handling the explosive;\n- (iii) the potential environmental consequences of blasting and methods for minimising the adverse effects of blasting; and\n- (e) is proficient in the following— (i) designing, loading and initiating blasts; (ii) handling misfires; (iii) disposing of blasting explosives; and\n- (i) designing, loading and initiating blasts;\n- (ii) handling misfires;\n- (iii) disposing of blasting explosives; and\n- (f) is, in all the circumstances, an appropriate person for the issue of a shotfirer licence.\n- (i) the requirements under the Act about the storage, transport, manufacture, sale and use of blasting explosives;\n- (ii) the hazards associated with each type of blasting explosive stated in the licence, its blasting characteristics, and the procedures and methods for safely and securely handling the explosive;\n- (iii) the potential environmental consequences of blasting and methods for minimising the adverse effects of blasting; and\n- (i) designing, loading and initiating blasts;\n- (ii) handling misfires;\n- (iii) disposing of blasting explosives; and","sortOrder":60},{"sectionNumber":"sec.38","sectionType":"section","heading":"Fireworks contractor licence","content":"### sec.38 Fireworks contractor licence\n\nA person is an appropriate person for the issue of a fireworks contractor licence if the chief inspector is reasonably satisfied the person or, if the person is a corporation, an executive officer or employee of the corporation—\nis 21 years or more; and\nholds a fireworks operator licence or an equivalent authority; and\nhas held a fireworks operator licence or an equivalent authority for 3 years or more; and\neither—\nhas, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in organising fireworks displays contained in an industry training package; or\notherwise demonstrates the skill, knowledge and experience required to organise fireworks displays to a standard considered by the chief inspector to be necessary for the safety and health of persons; and\nis, in all the circumstances, an appropriate person for the issue of a fireworks contractor licence.\nFor subsection (1) (d) (ii) , the chief inspector may require the person to take a written, oral or practical examination.\nIn this section—\nequivalent authority means a licence issued under the law of another State authorising the person to use fireworks.\ns 38 amd 2019 SL No. 203 s 6\n(sec.38-ssec.1) A person is an appropriate person for the issue of a fireworks contractor licence if the chief inspector is reasonably satisfied the person or, if the person is a corporation, an executive officer or employee of the corporation— is 21 years or more; and holds a fireworks operator licence or an equivalent authority; and has held a fireworks operator licence or an equivalent authority for 3 years or more; and either— has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in organising fireworks displays contained in an industry training package; or otherwise demonstrates the skill, knowledge and experience required to organise fireworks displays to a standard considered by the chief inspector to be necessary for the safety and health of persons; and is, in all the circumstances, an appropriate person for the issue of a fireworks contractor licence.\n(sec.38-ssec.2) For subsection (1) (d) (ii) , the chief inspector may require the person to take a written, oral or practical examination.\n(sec.38-ssec.3) In this section— equivalent authority means a licence issued under the law of another State authorising the person to use fireworks.\n- (a) is 21 years or more; and\n- (b) holds a fireworks operator licence or an equivalent authority; and\n- (c) has held a fireworks operator licence or an equivalent authority for 3 years or more; and\n- (d) either— (i) has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in organising fireworks displays contained in an industry training package; or (ii) otherwise demonstrates the skill, knowledge and experience required to organise fireworks displays to a standard considered by the chief inspector to be necessary for the safety and health of persons; and\n- (i) has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in organising fireworks displays contained in an industry training package; or\n- (ii) otherwise demonstrates the skill, knowledge and experience required to organise fireworks displays to a standard considered by the chief inspector to be necessary for the safety and health of persons; and\n- (e) is, in all the circumstances, an appropriate person for the issue of a fireworks contractor licence.\n- (i) has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in organising fireworks displays contained in an industry training package; or\n- (ii) otherwise demonstrates the skill, knowledge and experience required to organise fireworks displays to a standard considered by the chief inspector to be necessary for the safety and health of persons; and","sortOrder":61},{"sectionNumber":"sec.39","sectionType":"section","heading":"Fireworks operator licence","content":"### sec.39 Fireworks operator licence\n\nA person is an appropriate person for the issue of a fireworks operator licence if the chief inspector is reasonably satisfied the person—\nis an adult; and\nis physically able to use fireworks in a fireworks display; and\neither—\nhas, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of fireworks in fireworks displays contained in an industry training package; or\notherwise demonstrates the skill, knowledge and experience required to use fireworks to a standard considered by the chief inspector to be necessary for the safety and health of persons; and\nhas satisfactory knowledge of the following matters—\nthe requirements under the Act about the storage, transport, manufacture, sale and use of fireworks;\nthe hazards associated with each type of firework stated in the licence, and the procedures and methods for safely and securely handling the firework;\nthe requirements under the Queensland fireworks code; and\nis, in all the circumstances, an appropriate person for the issue of a fireworks operator licence.\nFor subsection (1) (c) (ii) and (d), the chief inspector may require the person to take a written, oral or practical examination.\ns 39 amd 2019 SL No. 203 s 7 ; 2019 Act No. 7 s 103\n(sec.39-ssec.1) A person is an appropriate person for the issue of a fireworks operator licence if the chief inspector is reasonably satisfied the person— is an adult; and is physically able to use fireworks in a fireworks display; and either— has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of fireworks in fireworks displays contained in an industry training package; or otherwise demonstrates the skill, knowledge and experience required to use fireworks to a standard considered by the chief inspector to be necessary for the safety and health of persons; and has satisfactory knowledge of the following matters— the requirements under the Act about the storage, transport, manufacture, sale and use of fireworks; the hazards associated with each type of firework stated in the licence, and the procedures and methods for safely and securely handling the firework; the requirements under the Queensland fireworks code; and is, in all the circumstances, an appropriate person for the issue of a fireworks operator licence.\n(sec.39-ssec.2) For subsection (1) (c) (ii) and (d), the chief inspector may require the person to take a written, oral or practical examination.\n- (a) is an adult; and\n- (b) is physically able to use fireworks in a fireworks display; and\n- (c) either— (i) has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of fireworks in fireworks displays contained in an industry training package; or (ii) otherwise demonstrates the skill, knowledge and experience required to use fireworks to a standard considered by the chief inspector to be necessary for the safety and health of persons; and\n- (i) has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of fireworks in fireworks displays contained in an industry training package; or\n- (ii) otherwise demonstrates the skill, knowledge and experience required to use fireworks to a standard considered by the chief inspector to be necessary for the safety and health of persons; and\n- (d) has satisfactory knowledge of the following matters— (i) the requirements under the Act about the storage, transport, manufacture, sale and use of fireworks; (ii) the hazards associated with each type of firework stated in the licence, and the procedures and methods for safely and securely handling the firework; (iii) the requirements under the Queensland fireworks code; and\n- (i) the requirements under the Act about the storage, transport, manufacture, sale and use of fireworks;\n- (ii) the hazards associated with each type of firework stated in the licence, and the procedures and methods for safely and securely handling the firework;\n- (iii) the requirements under the Queensland fireworks code; and\n- (e) is, in all the circumstances, an appropriate person for the issue of a fireworks operator licence.\n- (i) has, within the 3-year period ending on the day the application for the licence is made, been assessed by a registered training organisation as having attained the specific competencies, approved by the chief inspector and published on a Queensland Government website, in the use of fireworks in fireworks displays contained in an industry training package; or\n- (ii) otherwise demonstrates the skill, knowledge and experience required to use fireworks to a standard considered by the chief inspector to be necessary for the safety and health of persons; and\n- (i) the requirements under the Act about the storage, transport, manufacture, sale and use of fireworks;\n- (ii) the hazards associated with each type of firework stated in the licence, and the procedures and methods for safely and securely handling the firework;\n- (iii) the requirements under the Queensland fireworks code; and","sortOrder":62},{"sectionNumber":"sec.40","sectionType":"section","heading":"Other authorities","content":"### sec.40 Other authorities\n\nA person is an appropriate person for the issue of an authority, other than an authority mentioned in sections 36A to 39 , if the chief inspector is reasonably satisfied the person or, if the person is a corporation, an executive officer of the corporation—\nis an adult; and\nis physically able to handle explosives under the authority; and\nhas satisfactory knowledge of—\nthe requirements under the Act applicable to holders of the authority; and\nthe hazards associated with the explosives to which the authority would apply; and\nis, in all the circumstances, an appropriate person for the issue of the authority.\nFor subsection (1) (c) , the chief inspector may require the person to take a written, oral or practical examination.\ns 40 amd 2019 Act No. 7 s 104\n(sec.40-ssec.1) A person is an appropriate person for the issue of an authority, other than an authority mentioned in sections 36A to 39 , if the chief inspector is reasonably satisfied the person or, if the person is a corporation, an executive officer of the corporation— is an adult; and is physically able to handle explosives under the authority; and has satisfactory knowledge of— the requirements under the Act applicable to holders of the authority; and the hazards associated with the explosives to which the authority would apply; and is, in all the circumstances, an appropriate person for the issue of the authority.\n(sec.40-ssec.2) For subsection (1) (c) , the chief inspector may require the person to take a written, oral or practical examination.\n- (a) is an adult; and\n- (b) is physically able to handle explosives under the authority; and\n- (c) has satisfactory knowledge of— (i) the requirements under the Act applicable to holders of the authority; and (ii) the hazards associated with the explosives to which the authority would apply; and\n- (i) the requirements under the Act applicable to holders of the authority; and\n- (ii) the hazards associated with the explosives to which the authority would apply; and\n- (d) is, in all the circumstances, an appropriate person for the issue of the authority.\n- (i) the requirements under the Act applicable to holders of the authority; and\n- (ii) the hazards associated with the explosives to which the authority would apply; and","sortOrder":63},{"sectionNumber":"pt.3-div.4","sectionType":"division","heading":"Applications for licences to transport explosives","content":"## Applications for licences to transport explosives","sortOrder":64},{"sectionNumber":"sec.41","sectionType":"section","heading":"Additional requirement for applicant for licence","content":"### sec.41 Additional requirement for applicant for licence\n\nThis section applies in relation to an applicant for a licence to transport explosives.\nThe chief inspector may, by notice given to the applicant, ask the applicant to produce written evidence that a vehicle the applicant proposes to use to transport a category 2 load, a category 3 load or a placard load under the licence, if granted, is covered by a policy of insurance, or other form of indemnity, described in section 144 .\nThe applicant is taken to have withdrawn the application if the applicant fails to produce the evidence requested within 14 days after the day the notice is given.\ns 41 amd 2019 Act No. 7 s 313 s ch 1 pt 3\n(sec.41-ssec.1) This section applies in relation to an applicant for a licence to transport explosives.\n(sec.41-ssec.2) The chief inspector may, by notice given to the applicant, ask the applicant to produce written evidence that a vehicle the applicant proposes to use to transport a category 2 load, a category 3 load or a placard load under the licence, if granted, is covered by a policy of insurance, or other form of indemnity, described in section 144 .\n(sec.41-ssec.3) The applicant is taken to have withdrawn the application if the applicant fails to produce the evidence requested within 14 days after the day the notice is given.","sortOrder":65},{"sectionNumber":"pt.3-div.5","sectionType":"division","heading":"General provisions for authority holders","content":"## General provisions for authority holders","sortOrder":66},{"sectionNumber":"sec.42","sectionType":"section","heading":"Employee of particular authority holder taken to be holder of authority","content":"### sec.42 Employee of particular authority holder taken to be holder of authority\n\nThis section applies to an employee of the holder of a prescribed authority who is—\nacting within the scope of the employee’s employment; and\nif the prescribed authority is a licence to use explosives, a shotfirer licence or a fireworks operator licence—acting in the presence and under the direct supervision of the holder of the prescribed authority.\nThe employee is taken to be a holder of the prescribed authority.\nIn this section—\nprescribed authority means any of the following—\na licence to import explosives;\na licence to export explosives;\na licence to manufacture explosives;\na licence to sell explosives;\na licence to store explosives;\na permit to store explosives;\na licence to transport explosives;\na licence to use explosives;\na shotfirer licence;\na fireworks contractor licence;\na fireworks operator licence;\na licence or permit issued under the Weapons Act 1990 .\n(sec.42-ssec.1) This section applies to an employee of the holder of a prescribed authority who is— acting within the scope of the employee’s employment; and if the prescribed authority is a licence to use explosives, a shotfirer licence or a fireworks operator licence—acting in the presence and under the direct supervision of the holder of the prescribed authority.\n(sec.42-ssec.2) The employee is taken to be a holder of the prescribed authority.\n(sec.42-ssec.3) In this section— prescribed authority means any of the following— a licence to import explosives; a licence to export explosives; a licence to manufacture explosives; a licence to sell explosives; a licence to store explosives; a permit to store explosives; a licence to transport explosives; a licence to use explosives; a shotfirer licence; a fireworks contractor licence; a fireworks operator licence; a licence or permit issued under the Weapons Act 1990 .\n- (a) acting within the scope of the employee’s employment; and\n- (b) if the prescribed authority is a licence to use explosives, a shotfirer licence or a fireworks operator licence—acting in the presence and under the direct supervision of the holder of the prescribed authority.\n- (a) a licence to import explosives;\n- (b) a licence to export explosives;\n- (c) a licence to manufacture explosives;\n- (d) a licence to sell explosives;\n- (e) a licence to store explosives;\n- (f) a permit to store explosives;\n- (g) a licence to transport explosives;\n- (h) a licence to use explosives;\n- (i) a shotfirer licence;\n- (j) a fireworks contractor licence;\n- (k) a fireworks operator licence;\n- (l) a licence or permit issued under the Weapons Act 1990 .","sortOrder":67},{"sectionNumber":"sec.43","sectionType":"section","heading":"Notification requirements for all authority holders","content":"### sec.43 Notification requirements for all authority holders\n\nThis section applies if any of the following events (each a prescribed event ) happens during the term of an authority—\nthe holder of the authority becomes aware of a change in circumstances that prevents the holder complying with the Act or a condition of the authority;\na change in the holder’s physical health\nif the holder of the authority is an individual—\nthe holder’s name changes; or\nthe holder’s address changes; or\nthe holder becomes an insolvent under administration;\nif the holder of the authority is a corporation—\nthere is a change to the corporation’s executive officers; or\nthe corporation becomes an externally administered corporation;\nif the holder of the authority is a corporation other than a listed corporation—there is a change to the corporation’s shareholders;\nif the authority is not a security sensitive authority or the holder of the authority is a corporation—the holder is, in Queensland or elsewhere, convicted of or charged with an offence involving a prescribed activity.\nThe holder of the authority must, as soon as practicable after the holder becomes aware the prescribed event has happened, give the chief inspector a notice about the event, unless the holder has a reasonable excuse.\nMaximum penalty—\nfor a prescribed event mentioned in subsection (1) (b) (i) or (ii) —20 penalty units; or\notherwise—200 penalty units.\nIn this section—\nexternally administered corporation means a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .\ns 43 amd 2019 Act No. 7 s 105 ; 2023 Act No. 23 s 247 sch 1 s 2 (1)\n(sec.43-ssec.1) This section applies if any of the following events (each a prescribed event ) happens during the term of an authority— the holder of the authority becomes aware of a change in circumstances that prevents the holder complying with the Act or a condition of the authority; a change in the holder’s physical health if the holder of the authority is an individual— the holder’s name changes; or the holder’s address changes; or the holder becomes an insolvent under administration; if the holder of the authority is a corporation— there is a change to the corporation’s executive officers; or the corporation becomes an externally administered corporation; if the holder of the authority is a corporation other than a listed corporation—there is a change to the corporation’s shareholders; if the authority is not a security sensitive authority or the holder of the authority is a corporation—the holder is, in Queensland or elsewhere, convicted of or charged with an offence involving a prescribed activity.\n(sec.43-ssec.2) The holder of the authority must, as soon as practicable after the holder becomes aware the prescribed event has happened, give the chief inspector a notice about the event, unless the holder has a reasonable excuse. Maximum penalty— for a prescribed event mentioned in subsection (1) (b) (i) or (ii) —20 penalty units; or otherwise—200 penalty units.\n(sec.43-ssec.3) In this section— externally administered corporation means a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 .\n- (a) the holder of the authority becomes aware of a change in circumstances that prevents the holder complying with the Act or a condition of the authority; Example for paragraph (a) — a change in the holder’s physical health\n- (b) if the holder of the authority is an individual— (i) the holder’s name changes; or (ii) the holder’s address changes; or (iii) the holder becomes an insolvent under administration;\n- (i) the holder’s name changes; or\n- (ii) the holder’s address changes; or\n- (iii) the holder becomes an insolvent under administration;\n- (c) if the holder of the authority is a corporation— (i) there is a change to the corporation’s executive officers; or (ii) the corporation becomes an externally administered corporation;\n- (i) there is a change to the corporation’s executive officers; or\n- (ii) the corporation becomes an externally administered corporation;\n- (d) if the holder of the authority is a corporation other than a listed corporation—there is a change to the corporation’s shareholders;\n- (e) if the authority is not a security sensitive authority or the holder of the authority is a corporation—the holder is, in Queensland or elsewhere, convicted of or charged with an offence involving a prescribed activity.\n- (i) the holder’s name changes; or\n- (ii) the holder’s address changes; or\n- (iii) the holder becomes an insolvent under administration;\n- (i) there is a change to the corporation’s executive officers; or\n- (ii) the corporation becomes an externally administered corporation;\n- (a) for a prescribed event mentioned in subsection (1) (b) (i) or (ii) —20 penalty units; or\n- (b) otherwise—200 penalty units.","sortOrder":68},{"sectionNumber":"sec.43A","sectionType":"section","heading":"Notification requirements for holders of security sensitive authorities","content":"### sec.43A Notification requirements for holders of security sensitive authorities\n\nThis section applies if any of the following events (each a prescribed event ) happens during the term of a security sensitive authority—\nif the holder of the authority is a listed corporation—\nthe responsible person for the corporation stops being employed or engaged by the corporation; or\nthe responsible person for the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or\nthe responsible person for the corporation is named as the respondent in a domestic violence order, police protection direction or police protection notice; or\nrelease conditions are imposed on the responsible person for the corporation under the Domestic and Family Violence Protection Act 2012 , section 125 ;\nif the holder of the authority is a corporation other than a listed corporation—\nan executive officer of the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or\nan executive officer of the corporation is named as the respondent in a domestic violence order, police protection direction or police protection notice; or\nrelease conditions are imposed on an executive officer of the corporation under the Domestic and Family Violence Protection Act 2012 , section 125 .\nThe holder of the security sensitive authority must, as soon as practicable after the holder becomes aware the prescribed event has happened, give the chief inspector a notice about the event, unless the holder has a reasonable excuse.\nMaximum penalty—200 penalty units.\ns 43A ins 2019 Act No. 7 s 106\namd 2025 SL No. 129 s 20\n(sec.43A-ssec.1) This section applies if any of the following events (each a prescribed event ) happens during the term of a security sensitive authority— if the holder of the authority is a listed corporation— the responsible person for the corporation stops being employed or engaged by the corporation; or the responsible person for the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or the responsible person for the corporation is named as the respondent in a domestic violence order, police protection direction or police protection notice; or release conditions are imposed on the responsible person for the corporation under the Domestic and Family Violence Protection Act 2012 , section 125 ; if the holder of the authority is a corporation other than a listed corporation— an executive officer of the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or an executive officer of the corporation is named as the respondent in a domestic violence order, police protection direction or police protection notice; or release conditions are imposed on an executive officer of the corporation under the Domestic and Family Violence Protection Act 2012 , section 125 .\n(sec.43A-ssec.2) The holder of the security sensitive authority must, as soon as practicable after the holder becomes aware the prescribed event has happened, give the chief inspector a notice about the event, unless the holder has a reasonable excuse. Maximum penalty—200 penalty units.\n- (a) if the holder of the authority is a listed corporation— (i) the responsible person for the corporation stops being employed or engaged by the corporation; or (ii) the responsible person for the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or (iii) the responsible person for the corporation is named as the respondent in a domestic violence order, police protection direction or police protection notice; or (iv) release conditions are imposed on the responsible person for the corporation under the Domestic and Family Violence Protection Act 2012 , section 125 ;\n- (i) the responsible person for the corporation stops being employed or engaged by the corporation; or\n- (ii) the responsible person for the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or\n- (iii) the responsible person for the corporation is named as the respondent in a domestic violence order, police protection direction or police protection notice; or\n- (iv) release conditions are imposed on the responsible person for the corporation under the Domestic and Family Violence Protection Act 2012 , section 125 ;\n- (b) if the holder of the authority is a corporation other than a listed corporation— (i) an executive officer of the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or (ii) an executive officer of the corporation is named as the respondent in a domestic violence order, police protection direction or police protection notice; or (iii) release conditions are imposed on an executive officer of the corporation under the Domestic and Family Violence Protection Act 2012 , section 125 .\n- (i) an executive officer of the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or\n- (ii) an executive officer of the corporation is named as the respondent in a domestic violence order, police protection direction or police protection notice; or\n- (iii) release conditions are imposed on an executive officer of the corporation under the Domestic and Family Violence Protection Act 2012 , section 125 .\n- (i) the responsible person for the corporation stops being employed or engaged by the corporation; or\n- (ii) the responsible person for the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or\n- (iii) the responsible person for the corporation is named as the respondent in a domestic violence order, police protection direction or police protection notice; or\n- (iv) release conditions are imposed on the responsible person for the corporation under the Domestic and Family Violence Protection Act 2012 , section 125 ;\n- (i) an executive officer of the corporation is, in Queensland or elsewhere, convicted of or charged with a relevant offence; or\n- (ii) an executive officer of the corporation is named as the respondent in a domestic violence order, police protection direction or police protection notice; or\n- (iii) release conditions are imposed on an executive officer of the corporation under the Domestic and Family Violence Protection Act 2012 , section 125 .","sortOrder":69},{"sectionNumber":"sec.44","sectionType":"section","heading":"Notification requirements for particular authority holders","content":"### sec.44 Notification requirements for particular authority holders\n\nThis section applies if, during the term of a prescribed authority, the holder of the authority proposes to do any of the following things—\nchange the construction or location of a building stated in the authority as a place where activities may be carried out under the authority;\nconstruct a new building in which activities are proposed to be carried out under the authority;\nuse new equipment or vehicles, or change the location of equipment used when the authority was issued, in connection with carrying out activities under the authority.\nThe holder must, before doing the thing, give the chief inspector notice of the proposal unless the holder has a reasonable excuse.\nMaximum penalty—50 penalty units.\nIn this section—\nnew equipment or vehicles , in relation to a prescribed authority, means equipment or vehicles not proposed to be used in connection with carrying out activities under the authority when the holder applied for the authority.\nprescribed authority means any of the following—\na licence to manufacture explosives;\na licence to store explosives;\na licence to transport explosives.\ns 44 amd 2019 Act No. 7 s 313 s ch 1 pt 3\n(sec.44-ssec.1) This section applies if, during the term of a prescribed authority, the holder of the authority proposes to do any of the following things— change the construction or location of a building stated in the authority as a place where activities may be carried out under the authority; construct a new building in which activities are proposed to be carried out under the authority; use new equipment or vehicles, or change the location of equipment used when the authority was issued, in connection with carrying out activities under the authority.\n(sec.44-ssec.2) The holder must, before doing the thing, give the chief inspector notice of the proposal unless the holder has a reasonable excuse. Maximum penalty—50 penalty units.\n(sec.44-ssec.3) In this section— new equipment or vehicles , in relation to a prescribed authority, means equipment or vehicles not proposed to be used in connection with carrying out activities under the authority when the holder applied for the authority. prescribed authority means any of the following— a licence to manufacture explosives; a licence to store explosives; a licence to transport explosives.\n- (a) change the construction or location of a building stated in the authority as a place where activities may be carried out under the authority;\n- (b) construct a new building in which activities are proposed to be carried out under the authority;\n- (c) use new equipment or vehicles, or change the location of equipment used when the authority was issued, in connection with carrying out activities under the authority.\n- (a) a licence to manufacture explosives;\n- (b) a licence to store explosives;\n- (c) a licence to transport explosives.","sortOrder":70},{"sectionNumber":"sec.45","sectionType":"section","heading":"Record keeping relating to disposal of explosives","content":"### sec.45 Record keeping relating to disposal of explosives\n\nThis section applies if, during the term of a prescribed authority, the holder of the authority disposes of an explosive.\nThe holder must make a record under subsection (3) of each explosive disposed of under the prescribed authority.\nMaximum penalty—100 penalty units.\nThe record must include—\nthe amount and type of explosive disposed of; and\nthe date of disposal; and\ndetails of where the explosive was disposed of.\nIn this section—\nprescribed authority means any of the following authorities—\na licence to import explosives;\na licence to export explosives;\na licence to manufacture explosives;\na licence to sell explosives;\na licence to store explosives;\na licence to transport explosives;\na licence to use explosives;\na shotfirer licence;\na fireworks contractor licence.\n(sec.45-ssec.1) This section applies if, during the term of a prescribed authority, the holder of the authority disposes of an explosive.\n(sec.45-ssec.2) The holder must make a record under subsection (3) of each explosive disposed of under the prescribed authority. Maximum penalty—100 penalty units.\n(sec.45-ssec.3) The record must include— the amount and type of explosive disposed of; and the date of disposal; and details of where the explosive was disposed of.\n(sec.45-ssec.4) In this section— prescribed authority means any of the following authorities— a licence to import explosives; a licence to export explosives; a licence to manufacture explosives; a licence to sell explosives; a licence to store explosives; a licence to transport explosives; a licence to use explosives; a shotfirer licence; a fireworks contractor licence.\n- (a) the amount and type of explosive disposed of; and\n- (b) the date of disposal; and\n- (c) details of where the explosive was disposed of.\n- (a) a licence to import explosives;\n- (b) a licence to export explosives;\n- (c) a licence to manufacture explosives;\n- (d) a licence to sell explosives;\n- (e) a licence to store explosives;\n- (f) a licence to transport explosives;\n- (g) a licence to use explosives;\n- (h) a shotfirer licence;\n- (i) a fireworks contractor licence.","sortOrder":71},{"sectionNumber":"pt.3-div.5A","sectionType":"division","heading":"Safety and security requirements","content":"## Safety and security requirements","sortOrder":72},{"sectionNumber":"sec.46","sectionType":"section","heading":"Definitions for division","content":"### sec.46 Definitions for division\n\nIn this division—\nemergency event includes the following—\nan explosion;\na fire;\na security breach at a place at which an activity is carried out under a prescribed authority;\nan event that requires a response to a security threat;\na security lockdown or an attack relating to national security\na flood;\na cyclone.\nnational counter terrorism alert level means the current level of alert for Australia of a terrorist act being carried out as published by the Commonwealth Government.\nprescribed authority means the following—\na licence to import explosives;\na licence to export explosives;\na licence to manufacture explosives;\na licence to sell explosives;\na licence to store explosives;\na licence to transport explosives;\na licence to use explosives;\na shotfirer licence;\na fireworks contractor licence.\nsafety and security management system means a document that sets out a system that incorporates risk management elements and practices to—\nprotect the safety and health of persons who may be affected by activities carried out under a prescribed authority; and\nensure explosives handled under the authority are kept securely so that the explosives cannot be accessed by persons who should not have access.\ns 46 prev s 46 om 2019 Act No. 7 s 107\npres s 46 ins 2019 Act No. 7 s 108\n- (a) an explosion;\n- (b) a fire;\n- (c) a security breach at a place at which an activity is carried out under a prescribed authority;\n- (d) an event that requires a response to a security threat; Examples of an event for paragraph (d) — a security lockdown or an attack relating to national security\n- (e) a flood;\n- (f) a cyclone.\n- (a) a licence to import explosives;\n- (b) a licence to export explosives;\n- (c) a licence to manufacture explosives;\n- (d) a licence to sell explosives;\n- (e) a licence to store explosives;\n- (f) a licence to transport explosives;\n- (g) a licence to use explosives;\n- (h) a shotfirer licence;\n- (i) a fireworks contractor licence.\n- (a) protect the safety and health of persons who may be affected by activities carried out under a prescribed authority; and\n- (b) ensure explosives handled under the authority are kept securely so that the explosives cannot be accessed by persons who should not have access.","sortOrder":73},{"sectionNumber":"sec.46A","sectionType":"section","heading":"Requirement for safety and security management system","content":"### sec.46A Requirement for safety and security management system\n\nThis section applies to the holder of a prescribed authority if 1 or more employees of the holder carry out activities under the authority.\nThe holder of the authority must have and give effect to a safety and security management system that complies with subsections (3) and (4) .\nMaximum penalty—100 penalty units.\nFor subsection (2) , the safety and security management system is to relate to—\nif a place is stated in the prescribed authority as a place at which an activity may be carried out under the authority—the place; or\nan explosives factory\npremises where explosives are stored\nif an activity is carried out under the prescribed authority other than at a place mentioned in paragraph (a) —the activity.\nblasting activities carried out under a prescribed authority at various locations\ntransporting explosives\nThe safety and security management system must include the following—\na description of the holder’s safety and security policy;\ndetails of the organisational structure of the holder’s operations, including details of the personnel responsible for performing all the functions provided for under the system;\na system procedure for each matter stated in schedule 3 , part 1 ;\nan operational procedure for each matter stated in schedule 3 , part 2 that applies to the place or activity to which the system applies;\na security plan that complies with section 46C ;\nan emergency response plan to manage risk to the safety and health of persons and the security of explosives in an emergency event;\na process for ongoing consultation with employees and contractors of the holder who are engaged in carrying out activities under the prescribed authority, at least once in each month, about safety and security in relation to the activities.\ns 46A ins 2019 Act No. 7 s 108\n(sec.46A-ssec.1) This section applies to the holder of a prescribed authority if 1 or more employees of the holder carry out activities under the authority.\n(sec.46A-ssec.2) The holder of the authority must have and give effect to a safety and security management system that complies with subsections (3) and (4) . Maximum penalty—100 penalty units.\n(sec.46A-ssec.3) For subsection (2) , the safety and security management system is to relate to— if a place is stated in the prescribed authority as a place at which an activity may be carried out under the authority—the place; or an explosives factory premises where explosives are stored if an activity is carried out under the prescribed authority other than at a place mentioned in paragraph (a) —the activity. blasting activities carried out under a prescribed authority at various locations transporting explosives\n(sec.46A-ssec.4) The safety and security management system must include the following— a description of the holder’s safety and security policy; details of the organisational structure of the holder’s operations, including details of the personnel responsible for performing all the functions provided for under the system; a system procedure for each matter stated in schedule 3 , part 1 ; an operational procedure for each matter stated in schedule 3 , part 2 that applies to the place or activity to which the system applies; a security plan that complies with section 46C ; an emergency response plan to manage risk to the safety and health of persons and the security of explosives in an emergency event; a process for ongoing consultation with employees and contractors of the holder who are engaged in carrying out activities under the prescribed authority, at least once in each month, about safety and security in relation to the activities.\n- (a) if a place is stated in the prescribed authority as a place at which an activity may be carried out under the authority—the place; or Examples of a place for paragraph (a) — • an explosives factory • premises where explosives are stored\n- • an explosives factory\n- • premises where explosives are stored\n- (b) if an activity is carried out under the prescribed authority other than at a place mentioned in paragraph (a) —the activity. Examples of an activity for paragraph (b) — • blasting activities carried out under a prescribed authority at various locations • transporting explosives\n- • blasting activities carried out under a prescribed authority at various locations\n- • transporting explosives\n- • an explosives factory\n- • premises where explosives are stored\n- • blasting activities carried out under a prescribed authority at various locations\n- • transporting explosives\n- (a) a description of the holder’s safety and security policy;\n- (b) details of the organisational structure of the holder’s operations, including details of the personnel responsible for performing all the functions provided for under the system;\n- (c) a system procedure for each matter stated in schedule 3 , part 1 ;\n- (d) an operational procedure for each matter stated in schedule 3 , part 2 that applies to the place or activity to which the system applies;\n- (e) a security plan that complies with section 46C ;\n- (f) an emergency response plan to manage risk to the safety and health of persons and the security of explosives in an emergency event;\n- (g) a process for ongoing consultation with employees and contractors of the holder who are engaged in carrying out activities under the prescribed authority, at least once in each month, about safety and security in relation to the activities.","sortOrder":74},{"sectionNumber":"sec.46B","sectionType":"section","heading":"Safety and security requirements under other legislation","content":"### sec.46B Safety and security requirements under other legislation\n\nTo remove any doubt, it is declared that the safety and security management system may be part of a safety and security management system (however called) required under another Act.\nThe safety and security management system may be part of a safety and health management system for a coal mine required under the Coal Mining Safety and Health Act 1999 .\ns 46B ins 2019 Act No. 7 s 108","sortOrder":75},{"sectionNumber":"sec.46C","sectionType":"section","heading":"Contents of security plan","content":"### sec.46C Contents of security plan\n\nA security plan must—\nidentify security risks for explosives that may affect an individual, property and information kept by the holder of a prescribed authority about explosives; and\nadopt processes that deal with identified security risks for explosives activities, that ensure—\nthe explosives are kept securely; and\nrecords are kept that are sufficient to allow the inspector to assess whether the plan has been complied with; and\nmethods are used that identify when explosives have been accessed and identify access to explosives by a person who should not have access to explosives; and\nthe chain of possession of the explosives can be traced from the holder of the authority to the holder of another prescribed authority; and\nthe explosives are delivered to a person authorised in the security plan to have access to the explosives and to receive the explosives; and\nrecords are kept that identify the persons who, in the scope of their employment, are allowed unsupervised access to explosives.\ns 46C ins 2019 Act No. 7 s 108\n- (a) identify security risks for explosives that may affect an individual, property and information kept by the holder of a prescribed authority about explosives; and\n- (b) adopt processes that deal with identified security risks for explosives activities, that ensure— (i) the explosives are kept securely; and (ii) records are kept that are sufficient to allow the inspector to assess whether the plan has been complied with; and (iii) methods are used that identify when explosives have been accessed and identify access to explosives by a person who should not have access to explosives; and (iv) the chain of possession of the explosives can be traced from the holder of the authority to the holder of another prescribed authority; and (v) the explosives are delivered to a person authorised in the security plan to have access to the explosives and to receive the explosives; and (vi) records are kept that identify the persons who, in the scope of their employment, are allowed unsupervised access to explosives.\n- (i) the explosives are kept securely; and\n- (ii) records are kept that are sufficient to allow the inspector to assess whether the plan has been complied with; and\n- (iii) methods are used that identify when explosives have been accessed and identify access to explosives by a person who should not have access to explosives; and\n- (iv) the chain of possession of the explosives can be traced from the holder of the authority to the holder of another prescribed authority; and\n- (v) the explosives are delivered to a person authorised in the security plan to have access to the explosives and to receive the explosives; and\n- (vi) records are kept that identify the persons who, in the scope of their employment, are allowed unsupervised access to explosives.\n- (i) the explosives are kept securely; and\n- (ii) records are kept that are sufficient to allow the inspector to assess whether the plan has been complied with; and\n- (iii) methods are used that identify when explosives have been accessed and identify access to explosives by a person who should not have access to explosives; and\n- (iv) the chain of possession of the explosives can be traced from the holder of the authority to the holder of another prescribed authority; and\n- (v) the explosives are delivered to a person authorised in the security plan to have access to the explosives and to receive the explosives; and\n- (vi) records are kept that identify the persons who, in the scope of their employment, are allowed unsupervised access to explosives.","sortOrder":76},{"sectionNumber":"sec.46D","sectionType":"section","heading":"Requirement to review security plan","content":"### sec.46D Requirement to review security plan\n\nThe holder of the prescribed authority must review the security plan—\nannually; and\nif any of the following happens—\na change in the national counter terrorism alert level or level of risk;\nthere is a loss of explosives;\nthere is unauthorised entry, or attempted unauthorised entry, to the place where the explosives are stored;\nan explosives stock discrepancy cannot be reconciled with records kept by the holder;\nan explosive has been stolen;\nan explosive has been fraudulently obtained;\nan explosive or an explosive facility has been intentionally damaged;\ninformation kept by the holder in relation to explosives has been lost or stolen;\nan explosive has been accessed by a person who should not have access to the explosive;\nan explosive has been sold and has not been delivered by the expected delivery day.\nMaximum penalty—100 penalty units.\ns 46D ins 2019 Act No. 7 s 108\n- (a) annually; and\n- (b) if any of the following happens— (i) a change in the national counter terrorism alert level or level of risk; (ii) there is a loss of explosives; (iii) there is unauthorised entry, or attempted unauthorised entry, to the place where the explosives are stored; (iv) an explosives stock discrepancy cannot be reconciled with records kept by the holder; (v) an explosive has been stolen; (vi) an explosive has been fraudulently obtained; (vii) an explosive or an explosive facility has been intentionally damaged; (viii) information kept by the holder in relation to explosives has been lost or stolen; (ix) an explosive has been accessed by a person who should not have access to the explosive; (x) an explosive has been sold and has not been delivered by the expected delivery day.\n- (i) a change in the national counter terrorism alert level or level of risk;\n- (ii) there is a loss of explosives;\n- (iii) there is unauthorised entry, or attempted unauthorised entry, to the place where the explosives are stored;\n- (iv) an explosives stock discrepancy cannot be reconciled with records kept by the holder;\n- (v) an explosive has been stolen;\n- (vi) an explosive has been fraudulently obtained;\n- (vii) an explosive or an explosive facility has been intentionally damaged;\n- (viii) information kept by the holder in relation to explosives has been lost or stolen;\n- (ix) an explosive has been accessed by a person who should not have access to the explosive;\n- (x) an explosive has been sold and has not been delivered by the expected delivery day.\n- (i) a change in the national counter terrorism alert level or level of risk;\n- (ii) there is a loss of explosives;\n- (iii) there is unauthorised entry, or attempted unauthorised entry, to the place where the explosives are stored;\n- (iv) an explosives stock discrepancy cannot be reconciled with records kept by the holder;\n- (v) an explosive has been stolen;\n- (vi) an explosive has been fraudulently obtained;\n- (vii) an explosive or an explosive facility has been intentionally damaged;\n- (viii) information kept by the holder in relation to explosives has been lost or stolen;\n- (ix) an explosive has been accessed by a person who should not have access to the explosive;\n- (x) an explosive has been sold and has not been delivered by the expected delivery day.","sortOrder":77},{"sectionNumber":"pt.3-div.6","sectionType":"division","heading":"Applications for renewal of particular authorities","content":"## Applications for renewal of particular authorities","sortOrder":78},{"sectionNumber":"sec.47","sectionType":"section","heading":"Information that must accompany application","content":"### sec.47 Information that must accompany application\n\nThis section applies to an application to renew—\na licence to use explosives; or\na shotfirer licence; or\na fireworks operator licence.\nThe application must be accompanied by a record of the explosives used under the licence by the holder of the licence during the term of the licence.\n(sec.47-ssec.1) This section applies to an application to renew— a licence to use explosives; or a shotfirer licence; or a fireworks operator licence.\n(sec.47-ssec.2) The application must be accompanied by a record of the explosives used under the licence by the holder of the licence during the term of the licence.\n- (a) a licence to use explosives; or\n- (b) a shotfirer licence; or\n- (c) a fireworks operator licence.","sortOrder":79},{"sectionNumber":"pt.3-div.7","sectionType":"division","heading":"Register of authorities and security clearances","content":"## Register of authorities and security clearances","sortOrder":80},{"sectionNumber":"sec.47A","sectionType":"section","heading":"Register to be kept by chief inspector","content":"### sec.47A Register to be kept by chief inspector\n\nThe chief inspector must keep a register of—\neach authority issued by the chief inspector; and\neach security clearance given by the chief inspector.\nThe register must include the following information for each authority or security clearance—\nthe name and contact details of the holder of the authority or security clearance;\ndetails of the authority or security clearance;\nthe day the authority or security clearance expires;\nthe status of the authority or security clearance, including, if it has been suspended, cancelled or surrendered, details of the suspension, cancellation or surrender;\nany other information the chief inspector considers appropriate for inclusion in the register.\nThe chief inspector may disclose information in the register, other than the following information, to any person—\nthe contact details of an individual;\nthe circumstances surrounding the suspension, cancellation or surrender of an authority or security clearance.\nThe chief inspector may publish information in the register, other than the information mentioned in subsection (3) (a) or (b) , in the way the chief inspector considers appropriate.\nThe chief inspector may publish information in the register on the internet in the form of a database that allows any person to obtain details about the holder of an authority or security clearance to check the validity of the holder’s authority or security clearance.\ns 47A ins 2020 SL No. 170 s 8\n(sec.47A-ssec.1) The chief inspector must keep a register of— each authority issued by the chief inspector; and each security clearance given by the chief inspector.\n(sec.47A-ssec.2) The register must include the following information for each authority or security clearance— the name and contact details of the holder of the authority or security clearance; details of the authority or security clearance; the day the authority or security clearance expires; the status of the authority or security clearance, including, if it has been suspended, cancelled or surrendered, details of the suspension, cancellation or surrender; any other information the chief inspector considers appropriate for inclusion in the register.\n(sec.47A-ssec.3) The chief inspector may disclose information in the register, other than the following information, to any person— the contact details of an individual; the circumstances surrounding the suspension, cancellation or surrender of an authority or security clearance.\n(sec.47A-ssec.4) The chief inspector may publish information in the register, other than the information mentioned in subsection (3) (a) or (b) , in the way the chief inspector considers appropriate. The chief inspector may publish information in the register on the internet in the form of a database that allows any person to obtain details about the holder of an authority or security clearance to check the validity of the holder’s authority or security clearance.\n- (a) each authority issued by the chief inspector; and\n- (b) each security clearance given by the chief inspector.\n- (a) the name and contact details of the holder of the authority or security clearance;\n- (b) details of the authority or security clearance;\n- (c) the day the authority or security clearance expires;\n- (d) the status of the authority or security clearance, including, if it has been suspended, cancelled or surrendered, details of the suspension, cancellation or surrender;\n- (e) any other information the chief inspector considers appropriate for inclusion in the register.\n- (a) the contact details of an individual;\n- (b) the circumstances surrounding the suspension, cancellation or surrender of an authority or security clearance.","sortOrder":81},{"sectionNumber":"pt.4","sectionType":"part","heading":"Possessing explosives","content":"# Possessing explosives","sortOrder":82},{"sectionNumber":"sec.48","sectionType":"section","heading":"Explosives to which s 34 (1) of Act does not apply","content":"### sec.48 Explosives to which s 34 (1) of Act does not apply\n\nFor section 34 (2) of the Act , the following explosives are prescribed—\nan unrestricted firework;\na distress signal;\nan explosive designed to activate an airbag, seatbelt, fire extinguisher or parachute;\nan electric match;\na safety fuse or igniter;\na power device cartridge;\nsmall arms ammunition, and an explosive ingredient of small arms ammunition, that is possessed by a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;\nan explosive manufactured as mentioned in section 38 (2) (a) of the Act that is possessed by the person who manufactured the explosive;\nan explosive stored at a government magazine;\nan explosive possessed by a person who is transporting the explosive and who holds an authority under a corresponding law to transport the explosive;\ncollectors’ ammunition possessed by a prescribed ammunition collector;\nan explosive that is stored in a secured area at a laboratory at an industrial facility, educational institution or research facility for use at the laboratory and is not more than—\nif the explosive is security sensitive ammonium nitrate—3kg; or\nif the explosive is other than security sensitive ammonium nitrate—100g.\nIn this section—\ncorresponding law see section 50 (6) of the Act .\nsecured area see section 97 .\n(sec.48-ssec.1) For section 34 (2) of the Act , the following explosives are prescribed— an unrestricted firework; a distress signal; an explosive designed to activate an airbag, seatbelt, fire extinguisher or parachute; an electric match; a safety fuse or igniter; a power device cartridge; small arms ammunition, and an explosive ingredient of small arms ammunition, that is possessed by a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm; an explosive manufactured as mentioned in section 38 (2) (a) of the Act that is possessed by the person who manufactured the explosive; an explosive stored at a government magazine; an explosive possessed by a person who is transporting the explosive and who holds an authority under a corresponding law to transport the explosive; collectors’ ammunition possessed by a prescribed ammunition collector; an explosive that is stored in a secured area at a laboratory at an industrial facility, educational institution or research facility for use at the laboratory and is not more than— if the explosive is security sensitive ammonium nitrate—3kg; or if the explosive is other than security sensitive ammonium nitrate—100g.\n(sec.48-ssec.2) In this section— corresponding law see section 50 (6) of the Act . secured area see section 97 .\n- (a) an unrestricted firework;\n- (b) a distress signal;\n- (c) an explosive designed to activate an airbag, seatbelt, fire extinguisher or parachute;\n- (d) an electric match;\n- (e) a safety fuse or igniter;\n- (f) a power device cartridge;\n- (g) small arms ammunition, and an explosive ingredient of small arms ammunition, that is possessed by a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;\n- (h) an explosive manufactured as mentioned in section 38 (2) (a) of the Act that is possessed by the person who manufactured the explosive;\n- (i) an explosive stored at a government magazine;\n- (j) an explosive possessed by a person who is transporting the explosive and who holds an authority under a corresponding law to transport the explosive;\n- (k) collectors’ ammunition possessed by a prescribed ammunition collector;\n- (l) an explosive that is stored in a secured area at a laboratory at an industrial facility, educational institution or research facility for use at the laboratory and is not more than— (i) if the explosive is security sensitive ammonium nitrate—3kg; or (ii) if the explosive is other than security sensitive ammonium nitrate—100g.\n- (i) if the explosive is security sensitive ammonium nitrate—3kg; or\n- (ii) if the explosive is other than security sensitive ammonium nitrate—100g.\n- (i) if the explosive is security sensitive ammonium nitrate—3kg; or\n- (ii) if the explosive is other than security sensitive ammonium nitrate—100g.","sortOrder":83},{"sectionNumber":"sec.49","sectionType":"section","heading":"Children prohibited from possessing particular explosives","content":"### sec.49 Children prohibited from possessing particular explosives\n\nA person must not possess an explosive mentioned in section 48 (1) unless the person is an adult.\nMaximum penalty—20 penalty units.\nSubsection (1) does not apply in relation to the following explosives—\nan unrestricted firework;\na distress signal on board a vehicle;\nsmall arms ammunition that is possessed by a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm that uses the ammunition.\ns 49 amd 2019 Act No. 7 s 313 s ch 1 pt 3\n(sec.49-ssec.1) A person must not possess an explosive mentioned in section 48 (1) unless the person is an adult. Maximum penalty—20 penalty units.\n(sec.49-ssec.2) Subsection (1) does not apply in relation to the following explosives— an unrestricted firework; a distress signal on board a vehicle; small arms ammunition that is possessed by a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm that uses the ammunition.\n- (a) an unrestricted firework;\n- (b) a distress signal on board a vehicle;\n- (c) small arms ammunition that is possessed by a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm that uses the ammunition.","sortOrder":84},{"sectionNumber":"sec.50","sectionType":"section","heading":"Possession and initiation of particular explosives in public place prohibited","content":"### sec.50 Possession and initiation of particular explosives in public place prohibited\n\nA person must not, unless the person is authorised to do so under the Act or has a reasonable excuse, possess an explosive, other than an unrestricted firework, in a public place.\nMaximum penalty—50 penalty units.\nA person must not, unless the person is authorised to do so under the Act or has a reasonable excuse, initiate an explosive, other than an unrestricted firework, in a public place.\nMaximum penalty—200 penalty units.\n(sec.50-ssec.1) A person must not, unless the person is authorised to do so under the Act or has a reasonable excuse, possess an explosive, other than an unrestricted firework, in a public place. Maximum penalty—50 penalty units.\n(sec.50-ssec.2) A person must not, unless the person is authorised to do so under the Act or has a reasonable excuse, initiate an explosive, other than an unrestricted firework, in a public place. Maximum penalty—200 penalty units.","sortOrder":85},{"sectionNumber":"pt.5","sectionType":"part","heading":"Importing and exporting explosives","content":"# Importing and exporting explosives","sortOrder":86},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"Exemptions","content":"## Exemptions","sortOrder":87},{"sectionNumber":"sec.51","sectionType":"section","heading":"Explosives exempt from s 36 of Act","content":"### sec.51 Explosives exempt from s 36 of Act\n\nAn explosive is exempt from section 36 of the Act if the explosive is—\npart of the operational equipment of a prescribed vehicle; or\na distress signal on board a prescribed vehicle.\nan airbag in a vehicle\na distress signal on board a boat as part of the boat’s safety equipment\nAlso, small arms ammunition is exempt from section 36 of the Act if the ammunition is sent out of the State, or brought into the State—\nby a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm that uses the ammunition; and\nonly for the person’s personal use for sports or target shooting or recreational shooting.\nIn this section—\nprescribed vehicle means a vehicle entering the State from another country or leaving the State for another country.\ns 51 amd 2019 Act No. 7 s 313 s ch 1 pt 3\n(sec.51-ssec.1) An explosive is exempt from section 36 of the Act if the explosive is— part of the operational equipment of a prescribed vehicle; or a distress signal on board a prescribed vehicle. an airbag in a vehicle a distress signal on board a boat as part of the boat’s safety equipment\n(sec.51-ssec.2) Also, small arms ammunition is exempt from section 36 of the Act if the ammunition is sent out of the State, or brought into the State— by a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm that uses the ammunition; and only for the person’s personal use for sports or target shooting or recreational shooting.\n(sec.51-ssec.3) In this section— prescribed vehicle means a vehicle entering the State from another country or leaving the State for another country.\n- (a) part of the operational equipment of a prescribed vehicle; or\n- (b) a distress signal on board a prescribed vehicle. Examples— • an airbag in a vehicle • a distress signal on board a boat as part of the boat’s safety equipment\n- • an airbag in a vehicle\n- • a distress signal on board a boat as part of the boat’s safety equipment\n- • an airbag in a vehicle\n- • a distress signal on board a boat as part of the boat’s safety equipment\n- (a) by a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm that uses the ammunition; and\n- (b) only for the person’s personal use for sports or target shooting or recreational shooting.","sortOrder":88},{"sectionNumber":"sec.52","sectionType":"section","heading":"Explosives exempt from s 37 of Act","content":"### sec.52 Explosives exempt from s 37 of Act\n\nAn explosive is exempt from section 37 of the Act if the explosive is collectors’ ammunition.","sortOrder":89},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Requirements for holders of licences to import explosives and licences to export explosives","content":"## Requirements for holders of licences to import explosives and licences to export explosives","sortOrder":90},{"sectionNumber":"sec.53","sectionType":"section","heading":"Definition for division","content":"### sec.53 Definition for division\n\nIn this division—\nrelevant licence means—\na licence to import explosives; or\na licence to export explosives.\n- (a) a licence to import explosives; or\n- (b) a licence to export explosives.","sortOrder":91},{"sectionNumber":"sec.54","sectionType":"section","heading":"Condition of explosives","content":"### sec.54 Condition of explosives\n\nThe holder of a relevant licence must not bring an import explosive into the State from another country, or send an export explosive from the State to another country, unless—\nthe holder is reasonably satisfied the explosive is in a safe and secure condition for transport; and\nthe explosive has been classified; and\nthe packaging of the explosive is marked with the correct classification code for the explosive; and\nthe explosive is an authorised explosive; and\nthe explosive is packaged, marked and labelled as required under—\nthe Australian explosives code; or\nthe Australian dangerous goods code; and\nthe holder can provide, on the request of an inspector, a safety data sheet for the explosive; and\nthe holder has taken reasonable steps to ensure the explosive will function as it was designed to function.\nMaximum penalty—50 penalty units.\ns 54 amd 2019 Act No. 7 s 109\n- (a) the holder is reasonably satisfied the explosive is in a safe and secure condition for transport; and\n- (b) the explosive has been classified; and\n- (c) the packaging of the explosive is marked with the correct classification code for the explosive; and\n- (d) the explosive is an authorised explosive; and\n- (e) the explosive is packaged, marked and labelled as required under— (i) the Australian explosives code; or (ii) the Australian dangerous goods code; and\n- (i) the Australian explosives code; or\n- (ii) the Australian dangerous goods code; and\n- (f) the holder can provide, on the request of an inspector, a safety data sheet for the explosive; and\n- (g) the holder has taken reasonable steps to ensure the explosive will function as it was designed to function.\n- (i) the Australian explosives code; or\n- (ii) the Australian dangerous goods code; and","sortOrder":92},{"sectionNumber":"sec.55","sectionType":"section","heading":"Ensuring explosive complies with notice under s 37 of Act","content":"### sec.55 Ensuring explosive complies with notice under s 37 of Act\n\nThis section applies to the holder of a relevant licence who is required under section 37 of the Act to give the chief inspector notice for an import explosive brought into the State or an export explosive sent to another country.\nThe holder must ensure the explosive complies in all material respects with the details stated in the notice.\nMaximum penalty—50 penalty units.\n(sec.55-ssec.1) This section applies to the holder of a relevant licence who is required under section 37 of the Act to give the chief inspector notice for an import explosive brought into the State or an export explosive sent to another country.\n(sec.55-ssec.2) The holder must ensure the explosive complies in all material respects with the details stated in the notice. Maximum penalty—50 penalty units.","sortOrder":93},{"sectionNumber":"sec.56","sectionType":"section","heading":"Record keeping","content":"### sec.56 Record keeping\n\nThe holder of a relevant licence must keep a record under subsection (2) of each import explosive brought into the State from another country, and each export explosive sent from the State to another country, under the licence.\nMaximum penalty—50 penalty units.\nThe record must include the following—\nthe name of the explosive;\nthe amount of the explosive;\nthe date the explosive was brought into the State or sent to the country;\nthe name of the consignee and consignor of the explosive.\n(sec.56-ssec.1) The holder of a relevant licence must keep a record under subsection (2) of each import explosive brought into the State from another country, and each export explosive sent from the State to another country, under the licence. Maximum penalty—50 penalty units.\n(sec.56-ssec.2) The record must include the following— the name of the explosive; the amount of the explosive; the date the explosive was brought into the State or sent to the country; the name of the consignee and consignor of the explosive.\n- (a) the name of the explosive;\n- (b) the amount of the explosive;\n- (c) the date the explosive was brought into the State or sent to the country;\n- (d) the name of the consignee and consignor of the explosive.","sortOrder":94},{"sectionNumber":"sec.57","sectionType":"section","heading":"Ensuring particular persons are aware of obligations","content":"### sec.57 Ensuring particular persons are aware of obligations\n\nThe holder of a relevant licence must take reasonable steps to ensure an employee or contractor of the holder is aware of, and complies with, the requirements under the Act about bringing import explosives into the State from another country or sending export explosives from the State to another country.\nMaximum penalty—50 penalty units.","sortOrder":95},{"sectionNumber":"sec.58","sectionType":"section","heading":"Making explosive available for inspection","content":"### sec.58 Making explosive available for inspection\n\nThe holder of a relevant licence must, on the request of an inspector, make an explosive brought into the State, or proposed to be sent to another country, under the licence available for inspection by the inspector at a time and place reasonably required by the inspector.\nMaximum penalty—50 penalty units.","sortOrder":96},{"sectionNumber":"sec.59","sectionType":"section","heading":"Handling of explosive at port","content":"### sec.59 Handling of explosive at port\n\nThe holder of a relevant licence must not send an export explosive from the State, or bring an import explosive into the State, at a port that does not have approved explosives limits.\nMaximum penalty—100 penalty units.","sortOrder":97},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Requirements for holders of permits to import explosives and permits to export explosives","content":"## Requirements for holders of permits to import explosives and permits to export explosives","sortOrder":98},{"sectionNumber":"sec.60","sectionType":"section","heading":"Definition for division","content":"### sec.60 Definition for division\n\nIn this division—\nrelevant permit means—\na permit to import explosives; or\na permit to export explosives.\n- (a) a permit to import explosives; or\n- (b) a permit to export explosives.","sortOrder":99},{"sectionNumber":"sec.61","sectionType":"section","heading":"Ensuring particular persons are aware of obligations","content":"### sec.61 Ensuring particular persons are aware of obligations\n\nThe holder of a relevant permit must take reasonable steps to ensure an employee or contractor of the holder is aware of, and complies with, the requirements under the Act about bringing import explosives into the State from another country or sending export explosives from the State to another country.\nMaximum penalty—50 penalty units.","sortOrder":100},{"sectionNumber":"sec.62","sectionType":"section","heading":"Making explosive available for inspection","content":"### sec.62 Making explosive available for inspection\n\nThe holder of a relevant permit must, on the request of an inspector, make an explosive brought into the State, or proposed to be sent to another country, under the permit available for inspection by the inspector at a time and place reasonably required by the inspector.\nMaximum penalty—50 penalty units.","sortOrder":101},{"sectionNumber":"pt.5-div.4","sectionType":"division","heading":"Handling of explosives at port","content":"## Handling of explosives at port","sortOrder":102},{"sectionNumber":"sec.63","sectionType":"section","heading":"Application of division","content":"### sec.63 Application of division\n\nThis division applies in relation to a port at which the following amounts of explosives are, or are proposed to be, handled at one time—\nfor class 1, divisions 1.1 , 1 .2, 1.5 and 1.6 explosives—more than 250kg;\nfor class 1, division 1.3 explosives—more than 2,000kg;\nfor a precursor—more than 25t;\nfor explosives other than explosives mentioned in paragraphs (a) to (c) —more than 400t.\n- (a) for class 1, divisions 1.1 , 1 .2, 1.5 and 1.6 explosives—more than 250kg;\n- (b) for class 1, division 1.3 explosives—more than 2,000kg;\n- (c) for a precursor—more than 25t;\n- (d) for explosives other than explosives mentioned in paragraphs (a) to (c) —more than 400t.","sortOrder":103},{"sectionNumber":"sec.64","sectionType":"section","heading":"Definitions for division","content":"### sec.64 Definitions for division\n\nIn this division—\nexplosives limit see section 66 (a) .\nexplosives limits document see section 66 .\nrisk assessment process means a process for measuring the consequences and likelihood of a risk.","sortOrder":104},{"sectionNumber":"sec.65","sectionType":"section","heading":"Requirements for handling explosives at port","content":"### sec.65 Requirements for handling explosives at port\n\nThe port authority or port operator responsible for a port must ensure—\nexplosives are not handled at the port unless there are approved explosives limits for the port; and\nexplosives are handled at the port as required under—\nthe port’s approved explosives limits; and\nAS 3846 or alternative safety and security measures for the standard.\nMaximum penalty—100 penalty units.\nIn this section—\nAS 3846 means AS 3846—2005 (The handling and transport of dangerous cargoes in port areas).\ns 65 amd 2019 Act No. 7 s 110\n(sec.65-ssec.1) The port authority or port operator responsible for a port must ensure— explosives are not handled at the port unless there are approved explosives limits for the port; and explosives are handled at the port as required under— the port’s approved explosives limits; and AS 3846 or alternative safety and security measures for the standard. Maximum penalty—100 penalty units.\n(sec.65-ssec.2) In this section— AS 3846 means AS 3846—2005 (The handling and transport of dangerous cargoes in port areas).\n- (a) explosives are not handled at the port unless there are approved explosives limits for the port; and\n- (b) explosives are handled at the port as required under— (i) the port’s approved explosives limits; and (ii) AS 3846 or alternative safety and security measures for the standard.\n- (i) the port’s approved explosives limits; and\n- (ii) AS 3846 or alternative safety and security measures for the standard.\n- (i) the port’s approved explosives limits; and\n- (ii) AS 3846 or alternative safety and security measures for the standard.","sortOrder":105},{"sectionNumber":"sec.66","sectionType":"section","heading":"Port authority or port operator to prepare explosives limits document","content":"### sec.66 Port authority or port operator to prepare explosives limits document\n\nThe port authority or port operator responsible for a port may prepare, and give the chief inspector for approval, a written document (an explosives limits document ) for the port stating—\nfor each class and division of explosives handled at the port—the maximum amount (the explosives limit ), worked out using a risk assessment process, of explosives that may be handled safely and securely at a berth within the port at one time; and\ndetails of the risk assessment process used.\ns 66 amd 2019 Act No. 7 s 111\n- (a) for each class and division of explosives handled at the port—the maximum amount (the explosives limit ), worked out using a risk assessment process, of explosives that may be handled safely and securely at a berth within the port at one time; and\n- (b) details of the risk assessment process used.","sortOrder":106},{"sectionNumber":"sec.67","sectionType":"section","heading":"How chief inspector must deal with explosives limits document","content":"### sec.67 How chief inspector must deal with explosives limits document\n\nThe chief inspector must, as soon as practicable after receiving an explosives limits document from a port authority or port operator, decide to—\napprove, with or without changes or conditions, the explosives limits for the port stated in the document; or\nrefuse to approve the explosives limits for the port stated in the document.\nIf the chief inspector decides to approve the explosives limits stated in the explosives limits document, the chief inspector must, as soon as practicable after making the decision, give the port authority or port operator—\nnotice of the explosives limits approved for the port; and\nif the chief inspector decides to approve the explosives limits with changes or conditions—an information notice for the decision.\nIf the chief inspector decides to refuse to approve the explosives limits stated in the explosives limits document, the chief inspector must give the port authority or port operator an information notice for the decision.\n(sec.67-ssec.1) The chief inspector must, as soon as practicable after receiving an explosives limits document from a port authority or port operator, decide to— approve, with or without changes or conditions, the explosives limits for the port stated in the document; or refuse to approve the explosives limits for the port stated in the document.\n(sec.67-ssec.2) If the chief inspector decides to approve the explosives limits stated in the explosives limits document, the chief inspector must, as soon as practicable after making the decision, give the port authority or port operator— notice of the explosives limits approved for the port; and if the chief inspector decides to approve the explosives limits with changes or conditions—an information notice for the decision.\n(sec.67-ssec.3) If the chief inspector decides to refuse to approve the explosives limits stated in the explosives limits document, the chief inspector must give the port authority or port operator an information notice for the decision.\n- (a) approve, with or without changes or conditions, the explosives limits for the port stated in the document; or\n- (b) refuse to approve the explosives limits for the port stated in the document.\n- (a) notice of the explosives limits approved for the port; and\n- (b) if the chief inspector decides to approve the explosives limits with changes or conditions—an information notice for the decision.","sortOrder":107},{"sectionNumber":"sec.68","sectionType":"section","heading":"Changing approved explosives limits","content":"### sec.68 Changing approved explosives limits\n\nThis section applies to the port authority or port operator responsible for a port for which explosives limits have been approved by the chief inspector under section 67 .\nThe port authority or port operator may prepare, and give the chief inspector for approval, a new explosives limits document stating different explosives limits for the port.\nThe chief inspector must deal with the new explosives limits document under section 67 .\n(sec.68-ssec.1) This section applies to the port authority or port operator responsible for a port for which explosives limits have been approved by the chief inspector under section 67 .\n(sec.68-ssec.2) The port authority or port operator may prepare, and give the chief inspector for approval, a new explosives limits document stating different explosives limits for the port.\n(sec.68-ssec.3) The chief inspector must deal with the new explosives limits document under section 67 .","sortOrder":108},{"sectionNumber":"sec.69","sectionType":"section","heading":"Chief inspector may impose interim explosives limits","content":"### sec.69 Chief inspector may impose interim explosives limits\n\nThis section applies if—\nthere are approved explosives limits for a port; and\nthe chief inspector is reasonably satisfied the approved explosives limits are no longer appropriate for the port.\nThe chief inspector may decide to impose interim explosives limits for the port.\nIf the chief inspector decides to impose interim explosives limits for the port, the chief inspector must give the port authority or port operator responsible for the port an information notice for the decision.\nInterim explosives limits for a port may be changed by the approval, under section 67 , of explosives limits for the port.\n(sec.69-ssec.1) This section applies if— there are approved explosives limits for a port; and the chief inspector is reasonably satisfied the approved explosives limits are no longer appropriate for the port.\n(sec.69-ssec.2) The chief inspector may decide to impose interim explosives limits for the port.\n(sec.69-ssec.3) If the chief inspector decides to impose interim explosives limits for the port, the chief inspector must give the port authority or port operator responsible for the port an information notice for the decision.\n(sec.69-ssec.4) Interim explosives limits for a port may be changed by the approval, under section 67 , of explosives limits for the port.\n- (a) there are approved explosives limits for a port; and\n- (b) the chief inspector is reasonably satisfied the approved explosives limits are no longer appropriate for the port.","sortOrder":109},{"sectionNumber":"pt.6","sectionType":"part","heading":"Manufacturing explosives","content":"# Manufacturing explosives","sortOrder":110},{"sectionNumber":"pt.6-div.1","sectionType":"division","heading":"Prescribed matters","content":"## Prescribed matters","sortOrder":111},{"sectionNumber":"sec.70","sectionType":"section","heading":null,"content":"### Section sec.70\n\ns 70 om 2019 Act No. 7 s 112","sortOrder":112},{"sectionNumber":"sec.71","sectionType":"section","heading":"Prescribed explosives and conditions— Act , s 38","content":"### sec.71 Prescribed explosives and conditions— Act , s 38\n\nFor section 38 (3) of the Act , each of the following explosives is prescribed—\nan explosive that—\nconsists of a mixture of ammonium nitrate and fuel oil in a proportion that achieves blasting; and\nmay include a dye colouring agent;\na pyrotechnic substance.\nFor section 38 (3) of the Act , each of the following conditions is prescribed—\nthe holder of the authority to use the explosive must be an individual;\nfor an explosive mentioned in subsection (1) (a) —the explosive must be manufactured as required under AS 2187, part 2 or alternative safety and security measures for the standard;\nfor a pyrotechnic substance—\nthe substance must be manufactured for immediate use by the holder as a special effect for film, theatrical or other entertainment purposes; and\nthe holder must be authorised to use the substance.\ns 71 amd 2019 Act No. 7 s 113\n(sec.71-ssec.1) For section 38 (3) of the Act , each of the following explosives is prescribed— an explosive that— consists of a mixture of ammonium nitrate and fuel oil in a proportion that achieves blasting; and may include a dye colouring agent; a pyrotechnic substance.\n(sec.71-ssec.2) For section 38 (3) of the Act , each of the following conditions is prescribed— the holder of the authority to use the explosive must be an individual; for an explosive mentioned in subsection (1) (a) —the explosive must be manufactured as required under AS 2187, part 2 or alternative safety and security measures for the standard; for a pyrotechnic substance— the substance must be manufactured for immediate use by the holder as a special effect for film, theatrical or other entertainment purposes; and the holder must be authorised to use the substance.\n- (a) an explosive that— (i) consists of a mixture of ammonium nitrate and fuel oil in a proportion that achieves blasting; and (ii) may include a dye colouring agent;\n- (i) consists of a mixture of ammonium nitrate and fuel oil in a proportion that achieves blasting; and\n- (ii) may include a dye colouring agent;\n- (b) a pyrotechnic substance.\n- (i) consists of a mixture of ammonium nitrate and fuel oil in a proportion that achieves blasting; and\n- (ii) may include a dye colouring agent;\n- (a) the holder of the authority to use the explosive must be an individual;\n- (b) for an explosive mentioned in subsection (1) (a) —the explosive must be manufactured as required under AS 2187, part 2 or alternative safety and security measures for the standard;\n- (c) for a pyrotechnic substance— (i) the substance must be manufactured for immediate use by the holder as a special effect for film, theatrical or other entertainment purposes; and (ii) the holder must be authorised to use the substance.\n- (i) the substance must be manufactured for immediate use by the holder as a special effect for film, theatrical or other entertainment purposes; and\n- (ii) the holder must be authorised to use the substance.\n- (i) the substance must be manufactured for immediate use by the holder as a special effect for film, theatrical or other entertainment purposes; and\n- (ii) the holder must be authorised to use the substance.","sortOrder":113},{"sectionNumber":"pt.6-div.2","sectionType":"division","heading":"Requirements for holders of licences to manufacture explosives","content":"## Requirements for holders of licences to manufacture explosives","sortOrder":114},{"sectionNumber":"sec.72","sectionType":"section","heading":"Definition for division","content":"### sec.72 Definition for division\n\nIn this division—\nrelevant licence means a licence to manufacture explosives.","sortOrder":115},{"sectionNumber":"sec.73","sectionType":"section","heading":"Manufacturing explosives","content":"### sec.73 Manufacturing explosives\n\nThe holder of a relevant licence must—\nensure an explosive manufactured under the licence is manufactured in a safe condition; and\nensure the explosive is correctly classified; and\nensure the packaging of the explosive is marked with the correct classification code for the explosive; and\ntake reasonable steps to ensure the explosive will function as it was designed to function; and\nfor an explosive that is a mixture of ammonium nitrate and fuel oil, with or without other substances—\nadd a colouring agent that is soluble in the fuel oil before mixing the ammonium nitrate and fuel oil; and\nensure the explosive is manufactured as required under AS 2187, part 2 or alternative safety and security measures for the standard; and\nfor an explosive that is or includes precursors—ensure the explosive is manufactured as required under the precursor code or alternative safety and security measures for the code; and\nfor an explosive manufactured in a mobile manufacturing unit—ensure the explosive is manufactured as required under the mobile manufacturing code or alternative safety and security measures for the code.\nMaximum penalty—50 penalty units.\ns 73 amd 2019 Act No. 7 s 114\n- (a) ensure an explosive manufactured under the licence is manufactured in a safe condition; and\n- (b) ensure the explosive is correctly classified; and\n- (c) ensure the packaging of the explosive is marked with the correct classification code for the explosive; and\n- (d) take reasonable steps to ensure the explosive will function as it was designed to function; and\n- (e) for an explosive that is a mixture of ammonium nitrate and fuel oil, with or without other substances— (i) add a colouring agent that is soluble in the fuel oil before mixing the ammonium nitrate and fuel oil; and (ii) ensure the explosive is manufactured as required under AS 2187, part 2 or alternative safety and security measures for the standard; and\n- (i) add a colouring agent that is soluble in the fuel oil before mixing the ammonium nitrate and fuel oil; and\n- (ii) ensure the explosive is manufactured as required under AS 2187, part 2 or alternative safety and security measures for the standard; and\n- (f) for an explosive that is or includes precursors—ensure the explosive is manufactured as required under the precursor code or alternative safety and security measures for the code; and\n- (g) for an explosive manufactured in a mobile manufacturing unit—ensure the explosive is manufactured as required under the mobile manufacturing code or alternative safety and security measures for the code.\n- (i) add a colouring agent that is soluble in the fuel oil before mixing the ammonium nitrate and fuel oil; and\n- (ii) ensure the explosive is manufactured as required under AS 2187, part 2 or alternative safety and security measures for the standard; and","sortOrder":116},{"sectionNumber":"sec.74","sectionType":"section","heading":"Storing explosives manufactured","content":"### sec.74 Storing explosives manufactured\n\nThe holder of a relevant licence must ensure explosives manufactured under the licence are stored in a secure way that—\nprevents the loss or theft of the explosives; and\nenables missing explosives to be identified.\nMaximum penalty—50 penalty units.\n- (a) prevents the loss or theft of the explosives; and\n- (b) enables missing explosives to be identified.","sortOrder":117},{"sectionNumber":"sec.75","sectionType":"section","heading":"Signage at explosives factory","content":"### sec.75 Signage at explosives factory\n\nThis section applies to the holder of a relevant licence if the licence states a place, other than a mobile manufacturing unit, where explosives may be manufactured under the licence.\nThe holder must display each of the following signs at every entrance to the explosives factory, so the sign is clearly visible by a person approaching the entrance—\na sign displaying the word ‘HAZCHEM’ legibly in red letters at least 100mm high;\na classification sign for each explosive in the factory.\nMaximum penalty—20 penalty units.\nThe holder must display, at every entrance to a building within the factory, so the sign is clearly visible by a person approaching the entrance, a classification sign for each explosive in the building.\nMaximum penalty—20 penalty units.\nHowever, the holder need not comply with subsection (3) for an explosive if—\nthe explosive is stored in a tank inside the building; and\nthe holder displays a classification sign for the explosive adjacent to, or on the exterior surface of, the tank.\n(sec.75-ssec.1) This section applies to the holder of a relevant licence if the licence states a place, other than a mobile manufacturing unit, where explosives may be manufactured under the licence.\n(sec.75-ssec.2) The holder must display each of the following signs at every entrance to the explosives factory, so the sign is clearly visible by a person approaching the entrance— a sign displaying the word ‘HAZCHEM’ legibly in red letters at least 100mm high; a classification sign for each explosive in the factory. Maximum penalty—20 penalty units.\n(sec.75-ssec.3) The holder must display, at every entrance to a building within the factory, so the sign is clearly visible by a person approaching the entrance, a classification sign for each explosive in the building. Maximum penalty—20 penalty units.\n(sec.75-ssec.4) However, the holder need not comply with subsection (3) for an explosive if— the explosive is stored in a tank inside the building; and the holder displays a classification sign for the explosive adjacent to, or on the exterior surface of, the tank.\n- (a) a sign displaying the word ‘HAZCHEM’ legibly in red letters at least 100mm high;\n- (b) a classification sign for each explosive in the factory.\n- (a) the explosive is stored in a tank inside the building; and\n- (b) the holder displays a classification sign for the explosive adjacent to, or on the exterior surface of, the tank.","sortOrder":118},{"sectionNumber":"sec.76","sectionType":"section","heading":"Persons to whom explosives may be supplied","content":"### sec.76 Persons to whom explosives may be supplied\n\nThe holder of a relevant licence must ensure an explosive manufactured under the licence is supplied only to a person who is authorised to possess the explosive.\nMaximum penalty—100 penalty units.\ns 76 amd 2019 Act No. 7 s 115","sortOrder":119},{"sectionNumber":"sec.77","sectionType":"section","heading":"Documents to be kept","content":"### sec.77 Documents to be kept\n\nThe holder of a relevant licence must ensure—\na safety data sheet for an explosive manufactured under the licence is kept at the place where the explosive is manufactured; and\nif the licence states a place, including a mobile manufacturing unit, where explosives may be manufactured under the licence—the licence, or a copy of the licence, is kept at the place.\nMaximum penalty—20 penalty units.\n- (a) a safety data sheet for an explosive manufactured under the licence is kept at the place where the explosive is manufactured; and\n- (b) if the licence states a place, including a mobile manufacturing unit, where explosives may be manufactured under the licence—the licence, or a copy of the licence, is kept at the place.","sortOrder":120},{"sectionNumber":"pt.6-div.3","sectionType":"division","heading":"Rules of conduct for persons at explosives factories","content":"## Rules of conduct for persons at explosives factories","sortOrder":121},{"sectionNumber":"sec.78","sectionType":"section","heading":"Definition for division","content":"### sec.78 Definition for division\n\nIn this division—\nrelevant holder , in relation to an explosives factory, means the holder of a licence to manufacture explosives in which the factory is stated as a place where explosives may be manufactured under the licence.","sortOrder":122},{"sectionNumber":"sec.79","sectionType":"section","heading":"Person must comply with instructions and procedures","content":"### sec.79 Person must comply with instructions and procedures\n\nA person at an explosives factory must comply with—\nthe lawful instructions of the relevant holder; and\nthe procedures under the relevant holder’s safety and security management system for the factory to the extent the procedures apply to the person.\nMaximum penalty—50 penalty units.\ns 79 amd 2019 Act No. 7 s 116\n- (a) the lawful instructions of the relevant holder; and\n- (b) the procedures under the relevant holder’s safety and security management system for the factory to the extent the procedures apply to the person.","sortOrder":123},{"sectionNumber":"sec.80","sectionType":"section","heading":"Person must report particular matters","content":"### sec.80 Person must report particular matters\n\nThis section applies if a person at an explosives factory becomes aware of any of the following matters—\na dangerous situation at the factory that involves an imminent risk of death or injury to a person;\na circumstance that has the potential to adversely affect the person’s ability to comply with instructions or procedures mentioned in section 79 ;\nan explosives incident happening at the factory.\nImmediately after becoming aware of the matter, the person must report the matter to the relevant holder, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 80 amd 2019 Act No. 7 s 313 s ch 1 pt 3\n(sec.80-ssec.1) This section applies if a person at an explosives factory becomes aware of any of the following matters— a dangerous situation at the factory that involves an imminent risk of death or injury to a person; a circumstance that has the potential to adversely affect the person’s ability to comply with instructions or procedures mentioned in section 79 ; an explosives incident happening at the factory.\n(sec.80-ssec.2) Immediately after becoming aware of the matter, the person must report the matter to the relevant holder, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) a dangerous situation at the factory that involves an imminent risk of death or injury to a person;\n- (b) a circumstance that has the potential to adversely affect the person’s ability to comply with instructions or procedures mentioned in section 79 ;\n- (c) an explosives incident happening at the factory.","sortOrder":124},{"sectionNumber":"sec.81","sectionType":"section","heading":"Prohibited conduct","content":"### sec.81 Prohibited conduct\n\nA person at an explosives factory must not, without reasonable excuse—\nwilfully remove, obscure or interfere with—\na sign, notice or other written information about safely and securely handling explosives displayed or made available at the factory by the relevant holder; or\na label or marking on an explosive or its packaging; or\nact in a wilful or careless way that injures, or has the potential to injure, a person at the factory; or\nhandle an explosive at the factory unless the person is authorised by the relevant holder to handle the explosive.\nMaximum penalty—50 penalty units.\ns 81 amd 2019 Act No. 7 s 117\n- (a) wilfully remove, obscure or interfere with— (i) a sign, notice or other written information about safely and securely handling explosives displayed or made available at the factory by the relevant holder; or (ii) a label or marking on an explosive or its packaging; or\n- (i) a sign, notice or other written information about safely and securely handling explosives displayed or made available at the factory by the relevant holder; or\n- (ii) a label or marking on an explosive or its packaging; or\n- (b) act in a wilful or careless way that injures, or has the potential to injure, a person at the factory; or\n- (c) handle an explosive at the factory unless the person is authorised by the relevant holder to handle the explosive.\n- (i) a sign, notice or other written information about safely and securely handling explosives displayed or made available at the factory by the relevant holder; or\n- (ii) a label or marking on an explosive or its packaging; or","sortOrder":125},{"sectionNumber":"pt.7","sectionType":"part","heading":"Selling explosives","content":"# Selling explosives","sortOrder":126},{"sectionNumber":"sec.82","sectionType":"section","heading":"Explosives exempt from s 41 of Act","content":"### sec.82 Explosives exempt from s 41 of Act\n\nThe following explosives are exempt from section 41 of the Act —\nan unrestricted firework;\na distress signal;\nan explosive designed to activate an airbag, seatbelt, fire extinguisher or parachute;\na power device cartridge;\nsmall arms ammunition sold by a person who holds a dealer’s licence under the Weapons Act 1990 if the person sells the ammunition at a place approved under the person’s licence;\nan explosive sold by a person (a service provider ) authorised to use the explosive if—\nthe service provider uses the explosive in the course of providing a service to another person; and\nthe person to whom the explosive is sold does not possess the explosive at any time;\na blasting explosive used by the holder of a shotfirer licence in providing a blasting service to another person\na firework used by a fireworks operator who is employed by the fireworks contractor for a fireworks display to use the firework in the fireworks display that is organised by the contractor for the display host for the display\nan explosive sold by the chief inspector under section 125 ;\ncollectors’ ammunition sold by a prescribed ammunition collector.\n- (a) an unrestricted firework;\n- (b) a distress signal;\n- (c) an explosive designed to activate an airbag, seatbelt, fire extinguisher or parachute;\n- (d) a power device cartridge;\n- (e) small arms ammunition sold by a person who holds a dealer’s licence under the Weapons Act 1990 if the person sells the ammunition at a place approved under the person’s licence;\n- (f) an explosive sold by a person (a service provider ) authorised to use the explosive if— (i) the service provider uses the explosive in the course of providing a service to another person; and (ii) the person to whom the explosive is sold does not possess the explosive at any time; Examples— • a blasting explosive used by the holder of a shotfirer licence in providing a blasting service to another person • a firework used by a fireworks operator who is employed by the fireworks contractor for a fireworks display to use the firework in the fireworks display that is organised by the contractor for the display host for the display\n- (i) the service provider uses the explosive in the course of providing a service to another person; and\n- (ii) the person to whom the explosive is sold does not possess the explosive at any time;\n- • a blasting explosive used by the holder of a shotfirer licence in providing a blasting service to another person\n- • a firework used by a fireworks operator who is employed by the fireworks contractor for a fireworks display to use the firework in the fireworks display that is organised by the contractor for the display host for the display\n- (g) an explosive sold by the chief inspector under section 125 ;\n- (h) collectors’ ammunition sold by a prescribed ammunition collector.\n- (i) the service provider uses the explosive in the course of providing a service to another person; and\n- (ii) the person to whom the explosive is sold does not possess the explosive at any time;\n- • a blasting explosive used by the holder of a shotfirer licence in providing a blasting service to another person\n- • a firework used by a fireworks operator who is employed by the fireworks contractor for a fireworks display to use the firework in the fireworks display that is organised by the contractor for the display host for the display","sortOrder":127},{"sectionNumber":"sec.83","sectionType":"section","heading":"Persons to whom explosives may be sold","content":"### sec.83 Persons to whom explosives may be sold\n\nFor section 42 (d) of the Act , each of the following persons is authorised as a person to whom an explosive may be sold—\nfor an explosive mentioned in section 82 (a) to (d) —any person;\nfor small arms ammunition—\na prescribed ammunition collector; or\na person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;\nfor a propellant powder used to reload small arms ammunition—a person who is an adult and is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;\nfor an explosive used as an ingredient for manufacturing another explosive (the explosive product )—a person who is authorised to manufacture the explosive product;\na fireworks contractor to whom the explosive may be sold under the conditions of the fireworks contractor licence;\nan inspector to whom a direction has been given by the chief inspector under section 105B of the Act to purchase the explosive.\ns 83 amd 2019 Act No. 7 s 118\n- (a) for an explosive mentioned in section 82 (a) to (d) —any person;\n- (b) for small arms ammunition— (i) a prescribed ammunition collector; or (ii) a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;\n- (i) a prescribed ammunition collector; or\n- (ii) a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;\n- (c) for a propellant powder used to reload small arms ammunition—a person who is an adult and is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;\n- (d) for an explosive used as an ingredient for manufacturing another explosive (the explosive product )—a person who is authorised to manufacture the explosive product;\n- (e) a fireworks contractor to whom the explosive may be sold under the conditions of the fireworks contractor licence;\n- (f) an inspector to whom a direction has been given by the chief inspector under section 105B of the Act to purchase the explosive.\n- (i) a prescribed ammunition collector; or\n- (ii) a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;","sortOrder":128},{"sectionNumber":"sec.83A","sectionType":"section","heading":"Prescribed verification systems— Act , s 43A","content":"### sec.83A Prescribed verification systems— Act , s 43A\n\nFor section 43A (2) (b) of the Act , the following verification systems are prescribed—\nfor a licence under the Weapons Act 1990 —the Weapons Licence Card Status Check maintained by the Queensland Police Service;\nfor an interstate firearms authority issued under a law of New South Wales—the Internet Register of Licences and Permits to Acquire maintained by the NSW Police Force;\nfor an interstate firearms authority issued under a law of Western Australia—the Licensing and Registry Public Portal maintained by the Western Australia Police Force.\ns 83A ins 2026 SL No. 18 s 3\n- (a) for a licence under the Weapons Act 1990 —the Weapons Licence Card Status Check maintained by the Queensland Police Service;\n- (b) for an interstate firearms authority issued under a law of New South Wales—the Internet Register of Licences and Permits to Acquire maintained by the NSW Police Force;\n- (c) for an interstate firearms authority issued under a law of Western Australia—the Licensing and Registry Public Portal maintained by the Western Australia Police Force.","sortOrder":129},{"sectionNumber":"sec.84","sectionType":"section","heading":"Requirements about condition of explosives sold","content":"### sec.84 Requirements about condition of explosives sold\n\nA person who sells an explosive, other than an unrestricted firework or small arms ammunition, must—\npackage the explosive in—\nits original packaging; or\na package sufficiently durable to prevent the spillage of, or damage to, the explosive; and\nensure the package is labelled with the correct classification code for the explosive.\nMaximum penalty—50 penalty units.\nA person must not sell an explosive unless—\nthe person is reasonably satisfied the explosive is in a safe condition for transport and use; and\nthe explosive is sold—\nbefore the expiry of the manufacturer’s recommended shelf life for the explosive; or\nafter the expiry of the manufacturer’s recommended shelf life for the explosive and with the written consent of the chief inspector; and\nthe person has taken reasonable steps to ensure the explosive will function as it was designed to function.\nMaximum penalty—100 penalty units.\n(sec.84-ssec.1) A person who sells an explosive, other than an unrestricted firework or small arms ammunition, must— package the explosive in— its original packaging; or a package sufficiently durable to prevent the spillage of, or damage to, the explosive; and ensure the package is labelled with the correct classification code for the explosive. Maximum penalty—50 penalty units.\n(sec.84-ssec.2) A person must not sell an explosive unless— the person is reasonably satisfied the explosive is in a safe condition for transport and use; and the explosive is sold— before the expiry of the manufacturer’s recommended shelf life for the explosive; or after the expiry of the manufacturer’s recommended shelf life for the explosive and with the written consent of the chief inspector; and the person has taken reasonable steps to ensure the explosive will function as it was designed to function. Maximum penalty—100 penalty units.\n- (a) package the explosive in— (i) its original packaging; or (ii) a package sufficiently durable to prevent the spillage of, or damage to, the explosive; and\n- (i) its original packaging; or\n- (ii) a package sufficiently durable to prevent the spillage of, or damage to, the explosive; and\n- (b) ensure the package is labelled with the correct classification code for the explosive.\n- (i) its original packaging; or\n- (ii) a package sufficiently durable to prevent the spillage of, or damage to, the explosive; and\n- (a) the person is reasonably satisfied the explosive is in a safe condition for transport and use; and\n- (b) the explosive is sold— (i) before the expiry of the manufacturer’s recommended shelf life for the explosive; or (ii) after the expiry of the manufacturer’s recommended shelf life for the explosive and with the written consent of the chief inspector; and\n- (i) before the expiry of the manufacturer’s recommended shelf life for the explosive; or\n- (ii) after the expiry of the manufacturer’s recommended shelf life for the explosive and with the written consent of the chief inspector; and\n- (c) the person has taken reasonable steps to ensure the explosive will function as it was designed to function.\n- (i) before the expiry of the manufacturer’s recommended shelf life for the explosive; or\n- (ii) after the expiry of the manufacturer’s recommended shelf life for the explosive and with the written consent of the chief inspector; and","sortOrder":130},{"sectionNumber":"sec.85","sectionType":"section","heading":"Exposing explosives for sale in shop window prohibited","content":"### sec.85 Exposing explosives for sale in shop window prohibited\n\nA person must not expose an explosive for sale in a shop window.\nMaximum penalty—50 penalty units.\nSubsection (1) does not apply in relation to an explosive mentioned in section 82 (a) to (e) .\n(sec.85-ssec.1) A person must not expose an explosive for sale in a shop window. Maximum penalty—50 penalty units.\n(sec.85-ssec.2) Subsection (1) does not apply in relation to an explosive mentioned in section 82 (a) to (e) .","sortOrder":131},{"sectionNumber":"sec.86","sectionType":"section","heading":null,"content":"### Section sec.86\n\ns 86 om 2019 Act No. 7 s 119","sortOrder":132},{"sectionNumber":"sec.87","sectionType":"section","heading":"Requirement to report suspect or unusual request to purchase security sensitive explosive","content":"### sec.87 Requirement to report suspect or unusual request to purchase security sensitive explosive\n\nThis section applies if—\nthe holder of a licence to sell explosives receives a request from another person to purchase a security sensitive explosive, whether or not the other person is identified; and\nthe request could reasonably give rise to a suspicion that—\nthe proposed purchase, or the use of the explosive after the proposed purchase, may not comply with the Act ; or\nthe proposed purchase is unusual.\nThe holder must immediately give the chief inspector notice of all details the holder has of the request and the other person.\nMaximum penalty—200 penalty units.\nFor subsection (1) (b) , the circumstances that could reasonably give rise to a suspicion mentioned in that subsection include, but are not limited to, the following—\na request for a cash sale;\nthe amount of the explosive is unusual, having regard to relevant industry conventions;\nthe stated proposed use of the explosive is unusual;\nusing blasting explosives for special effects like blowing up a car, outside relevant industry conventions\nthe stated proposed location of the proposed use is unusual;\na proposed use of a large amount of a security sensitive explosive in a major commercial area\na proposed use of a security sensitive explosive to blow up a car in a shopping centre\nthe other person holds a licence of a particular type and the request is to purchase a security sensitive explosive for a purpose and use not allowed under that type of licence;\nthe request shows an absence by the other person of a detailed knowledge of security sensitive explosives or the use of particular security sensitive explosives.\n(sec.87-ssec.1) This section applies if— the holder of a licence to sell explosives receives a request from another person to purchase a security sensitive explosive, whether or not the other person is identified; and the request could reasonably give rise to a suspicion that— the proposed purchase, or the use of the explosive after the proposed purchase, may not comply with the Act ; or the proposed purchase is unusual.\n(sec.87-ssec.2) The holder must immediately give the chief inspector notice of all details the holder has of the request and the other person. Maximum penalty—200 penalty units.\n(sec.87-ssec.3) For subsection (1) (b) , the circumstances that could reasonably give rise to a suspicion mentioned in that subsection include, but are not limited to, the following— a request for a cash sale; the amount of the explosive is unusual, having regard to relevant industry conventions; the stated proposed use of the explosive is unusual; using blasting explosives for special effects like blowing up a car, outside relevant industry conventions the stated proposed location of the proposed use is unusual; a proposed use of a large amount of a security sensitive explosive in a major commercial area a proposed use of a security sensitive explosive to blow up a car in a shopping centre the other person holds a licence of a particular type and the request is to purchase a security sensitive explosive for a purpose and use not allowed under that type of licence; the request shows an absence by the other person of a detailed knowledge of security sensitive explosives or the use of particular security sensitive explosives.\n- (a) the holder of a licence to sell explosives receives a request from another person to purchase a security sensitive explosive, whether or not the other person is identified; and\n- (b) the request could reasonably give rise to a suspicion that— (i) the proposed purchase, or the use of the explosive after the proposed purchase, may not comply with the Act ; or (ii) the proposed purchase is unusual.\n- (i) the proposed purchase, or the use of the explosive after the proposed purchase, may not comply with the Act ; or\n- (ii) the proposed purchase is unusual.\n- (i) the proposed purchase, or the use of the explosive after the proposed purchase, may not comply with the Act ; or\n- (ii) the proposed purchase is unusual.\n- (a) a request for a cash sale;\n- (b) the amount of the explosive is unusual, having regard to relevant industry conventions;\n- (c) the stated proposed use of the explosive is unusual; Example— using blasting explosives for special effects like blowing up a car, outside relevant industry conventions\n- (d) the stated proposed location of the proposed use is unusual; Examples— • a proposed use of a large amount of a security sensitive explosive in a major commercial area • a proposed use of a security sensitive explosive to blow up a car in a shopping centre\n- • a proposed use of a large amount of a security sensitive explosive in a major commercial area\n- • a proposed use of a security sensitive explosive to blow up a car in a shopping centre\n- (e) the other person holds a licence of a particular type and the request is to purchase a security sensitive explosive for a purpose and use not allowed under that type of licence;\n- (f) the request shows an absence by the other person of a detailed knowledge of security sensitive explosives or the use of particular security sensitive explosives.\n- • a proposed use of a large amount of a security sensitive explosive in a major commercial area\n- • a proposed use of a security sensitive explosive to blow up a car in a shopping centre","sortOrder":133},{"sectionNumber":"sec.88","sectionType":"section","heading":"Restriction on holder of licence selling security sensitive explosive to new client","content":"### sec.88 Restriction on holder of licence selling security sensitive explosive to new client\n\nThis section applies if the holder of a licence to sell explosives (the seller ) proposes to—\nsell a security sensitive explosive to a person (the new client ) to whom the seller has not previously sold a security sensitive explosive; or\nsupply a security sensitive explosive to an employee mentioned in section 42 (1) (a) (also the new client ) if the seller has not previously sold a security sensitive explosive to the new client’s employer.\nThe seller must not sell or supply the explosive to the new client unless subsections (3) to (6) have been complied with.\nMaximum penalty—200 penalty units.\nThe seller must—\nobtain each of the following—\nthe new client’s name and address (the personal details );\nthe new client’s telephone number or other electronic contact details;\na document that bears the new client’s signature signed in the seller’s presence or a certified copy of a document bearing the new client’s signature;\na signed statement by the new client about how the new client proposes to use the explosive (the proposed use );\nif the new client is an employee mentioned in section 42 (1) (a) —\nwritten evidence of the matters mentioned in section 42 (1) (a) ; and\nthe telephone number or other electronic contact details of the new client’s employer (also the personal details ); and\nobtain a certified copy of—\ndocumentary evidence confirming the personal details; and\na current driver licence held by the new client\nthe licence under the Act or the Weapons Act 1990 held by the new client that authorises the new client to purchase the explosive from the seller (the client’s licence ); and\nmake a written record (the client record ) of—\nthe personal details; and\nthe telephone number or other electronic contact details obtained; and\nthe following details for each document obtained under paragraph (b) (i) —\na description of its nature or type;\n‘driver licence’\nany identifying number;\nany date of its issue;\ndetails that allow the person who apparently issued it to be identified; and\nthe type of the client’s licence and any expiry date stated on it.\nThe documentary evidence obtained under subsection (3) (b) (i) —\nmust not appear to have been forged or tampered with; and\nmust include—\na name and address that matches the name and address given by the new client; and\na signature that appears to match the signature mentioned in subsection (3) (a) (iii) ; and\na photo of the new client.\nAfter complying with subsection (3) , the seller must give the chief inspector—\na request in the approved form asking the chief inspector to validate the new client’s identity and the client’s licence; and\ncopies of the documents required to be obtained under subsection (3) and of the client record.\nThe seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new client’s identity and the client’s licence.\nSubsections (5) and (6) do not apply if the explosive is propellant powder and the client’s licence is a licence under the Weapons Act 1990 that authorises the proposed use.\nThis section does not apply if the person to whom the explosives are proposed to be sold is an inspector to whom a direction has been given by the chief inspector under section 105B of the Act to purchase the explosives.\ns 88 amd 2019 Act No. 7 s 120\n(sec.88-ssec.1) This section applies if the holder of a licence to sell explosives (the seller ) proposes to— sell a security sensitive explosive to a person (the new client ) to whom the seller has not previously sold a security sensitive explosive; or supply a security sensitive explosive to an employee mentioned in section 42 (1) (a) (also the new client ) if the seller has not previously sold a security sensitive explosive to the new client’s employer.\n(sec.88-ssec.2) The seller must not sell or supply the explosive to the new client unless subsections (3) to (6) have been complied with. Maximum penalty—200 penalty units.\n(sec.88-ssec.3) The seller must— obtain each of the following— the new client’s name and address (the personal details ); the new client’s telephone number or other electronic contact details; a document that bears the new client’s signature signed in the seller’s presence or a certified copy of a document bearing the new client’s signature; a signed statement by the new client about how the new client proposes to use the explosive (the proposed use ); if the new client is an employee mentioned in section 42 (1) (a) — written evidence of the matters mentioned in section 42 (1) (a) ; and the telephone number or other electronic contact details of the new client’s employer (also the personal details ); and obtain a certified copy of— documentary evidence confirming the personal details; and a current driver licence held by the new client the licence under the Act or the Weapons Act 1990 held by the new client that authorises the new client to purchase the explosive from the seller (the client’s licence ); and make a written record (the client record ) of— the personal details; and the telephone number or other electronic contact details obtained; and the following details for each document obtained under paragraph (b) (i) — a description of its nature or type; ‘driver licence’ any identifying number; any date of its issue; details that allow the person who apparently issued it to be identified; and the type of the client’s licence and any expiry date stated on it.\n(sec.88-ssec.4) The documentary evidence obtained under subsection (3) (b) (i) — must not appear to have been forged or tampered with; and must include— a name and address that matches the name and address given by the new client; and a signature that appears to match the signature mentioned in subsection (3) (a) (iii) ; and a photo of the new client.\n(sec.88-ssec.5) After complying with subsection (3) , the seller must give the chief inspector— a request in the approved form asking the chief inspector to validate the new client’s identity and the client’s licence; and copies of the documents required to be obtained under subsection (3) and of the client record.\n(sec.88-ssec.6) The seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new client’s identity and the client’s licence.\n(sec.88-ssec.7) Subsections (5) and (6) do not apply if the explosive is propellant powder and the client’s licence is a licence under the Weapons Act 1990 that authorises the proposed use.\n(sec.88-ssec.8) This section does not apply if the person to whom the explosives are proposed to be sold is an inspector to whom a direction has been given by the chief inspector under section 105B of the Act to purchase the explosives.\n- (a) sell a security sensitive explosive to a person (the new client ) to whom the seller has not previously sold a security sensitive explosive; or\n- (b) supply a security sensitive explosive to an employee mentioned in section 42 (1) (a) (also the new client ) if the seller has not previously sold a security sensitive explosive to the new client’s employer.\n- (a) obtain each of the following— (i) the new client’s name and address (the personal details ); (ii) the new client’s telephone number or other electronic contact details; (iii) a document that bears the new client’s signature signed in the seller’s presence or a certified copy of a document bearing the new client’s signature; (iv) a signed statement by the new client about how the new client proposes to use the explosive (the proposed use ); (v) if the new client is an employee mentioned in section 42 (1) (a) — (A) written evidence of the matters mentioned in section 42 (1) (a) ; and (B) the telephone number or other electronic contact details of the new client’s employer (also the personal details ); and\n- (i) the new client’s name and address (the personal details );\n- (ii) the new client’s telephone number or other electronic contact details;\n- (iii) a document that bears the new client’s signature signed in the seller’s presence or a certified copy of a document bearing the new client’s signature;\n- (iv) a signed statement by the new client about how the new client proposes to use the explosive (the proposed use );\n- (v) if the new client is an employee mentioned in section 42 (1) (a) — (A) written evidence of the matters mentioned in section 42 (1) (a) ; and (B) the telephone number or other electronic contact details of the new client’s employer (also the personal details ); and\n- (A) written evidence of the matters mentioned in section 42 (1) (a) ; and\n- (B) the telephone number or other electronic contact details of the new client’s employer (also the personal details ); and\n- (b) obtain a certified copy of— (i) documentary evidence confirming the personal details; and Example of documentary evidence that may confirm the personal details— a current driver licence held by the new client (ii) the licence under the Act or the Weapons Act 1990 held by the new client that authorises the new client to purchase the explosive from the seller (the client’s licence ); and\n- (i) documentary evidence confirming the personal details; and Example of documentary evidence that may confirm the personal details— a current driver licence held by the new client\n- (ii) the licence under the Act or the Weapons Act 1990 held by the new client that authorises the new client to purchase the explosive from the seller (the client’s licence ); and\n- (c) make a written record (the client record ) of— (i) the personal details; and (ii) the telephone number or other electronic contact details obtained; and (iii) the following details for each document obtained under paragraph (b) (i) — (A) a description of its nature or type; Example— ‘driver licence’ (B) any identifying number; (C) any date of its issue; (D) details that allow the person who apparently issued it to be identified; and (iv) the type of the client’s licence and any expiry date stated on it.\n- (i) the personal details; and\n- (ii) the telephone number or other electronic contact details obtained; and\n- (iii) the following details for each document obtained under paragraph (b) (i) — (A) a description of its nature or type; Example— ‘driver licence’ (B) any identifying number; (C) any date of its issue; (D) details that allow the person who apparently issued it to be identified; and\n- (A) a description of its nature or type; Example— ‘driver licence’\n- (B) any identifying number;\n- (C) any date of its issue;\n- (D) details that allow the person who apparently issued it to be identified; and\n- (iv) the type of the client’s licence and any expiry date stated on it.\n- (i) the new client’s name and address (the personal details );\n- (ii) the new client’s telephone number or other electronic contact details;\n- (iii) a document that bears the new client’s signature signed in the seller’s presence or a certified copy of a document bearing the new client’s signature;\n- (iv) a signed statement by the new client about how the new client proposes to use the explosive (the proposed use );\n- (v) if the new client is an employee mentioned in section 42 (1) (a) — (A) written evidence of the matters mentioned in section 42 (1) (a) ; and (B) the telephone number or other electronic contact details of the new client’s employer (also the personal details ); and\n- (A) written evidence of the matters mentioned in section 42 (1) (a) ; and\n- (B) the telephone number or other electronic contact details of the new client’s employer (also the personal details ); and\n- (A) written evidence of the matters mentioned in section 42 (1) (a) ; and\n- (B) the telephone number or other electronic contact details of the new client’s employer (also the personal details ); and\n- (i) documentary evidence confirming the personal details; and Example of documentary evidence that may confirm the personal details— a current driver licence held by the new client\n- (ii) the licence under the Act or the Weapons Act 1990 held by the new client that authorises the new client to purchase the explosive from the seller (the client’s licence ); and\n- (i) the personal details; and\n- (ii) the telephone number or other electronic contact details obtained; and\n- (iii) the following details for each document obtained under paragraph (b) (i) — (A) a description of its nature or type; Example— ‘driver licence’ (B) any identifying number; (C) any date of its issue; (D) details that allow the person who apparently issued it to be identified; and\n- (A) a description of its nature or type; Example— ‘driver licence’\n- (B) any identifying number;\n- (C) any date of its issue;\n- (D) details that allow the person who apparently issued it to be identified; and\n- (iv) the type of the client’s licence and any expiry date stated on it.\n- (A) a description of its nature or type; Example— ‘driver licence’\n- (B) any identifying number;\n- (C) any date of its issue;\n- (D) details that allow the person who apparently issued it to be identified; and\n- (a) must not appear to have been forged or tampered with; and\n- (b) must include— (i) a name and address that matches the name and address given by the new client; and (ii) a signature that appears to match the signature mentioned in subsection (3) (a) (iii) ; and (iii) a photo of the new client.\n- (i) a name and address that matches the name and address given by the new client; and\n- (ii) a signature that appears to match the signature mentioned in subsection (3) (a) (iii) ; and\n- (iii) a photo of the new client.\n- (i) a name and address that matches the name and address given by the new client; and\n- (ii) a signature that appears to match the signature mentioned in subsection (3) (a) (iii) ; and\n- (iii) a photo of the new client.\n- (a) a request in the approved form asking the chief inspector to validate the new client’s identity and the client’s licence; and\n- (b) copies of the documents required to be obtained under subsection (3) and of the client record.","sortOrder":134},{"sectionNumber":"sec.89","sectionType":"section","heading":"Restriction on holder of licence selling security sensitive explosive to existing client","content":"### sec.89 Restriction on holder of licence selling security sensitive explosive to existing client\n\nThis section applies if the holder of a licence to sell explosives (the seller ) proposes to—\nsell a security sensitive explosive to another person (the client ) to whom the seller has previously sold a security sensitive explosive; or\nsupply a security sensitive explosive to an employee mentioned in section 42 (1) (a) (also the client ) if the seller has previously sold a security sensitive explosive to the client’s employer.\nThe seller must not sell or supply the explosive to the client unless the seller has previously complied with section 88 (2) for the client, as a new client under that section.\nMaximum penalty—200 penalty units.\nAlso, if any of the following circumstances applies, the seller must not sell or supply the explosive to the client unless subsections (4) to (6) have been complied with—\nthe client’s licence mentioned in section 88 (3) (b) (ii) expires;\nthe chief inspector gives the seller a notice that the client’s licence mentioned in section 88 (3) (b) (ii) has been cancelled or suspended;\nthe client holds a different licence from the licence under which the seller previously sold the client explosives;\nthe client’s licence mentioned in section 88 (3) (b) (ii) has been renewed since the seller previously sold the client explosives.\nMaximum penalty—200 penalty units.\nThe seller must—\nobtain a certified copy of the licence under the Act or the Weapons Act 1990 held by the client that authorises the client to purchase the explosive from the seller (the new licence ); and\nupdate the client record for the client made under section 88 (3) (c) to include details of the new licence and any expiry date stated on it.\nAfter complying with subsection (4) , the seller must give the chief inspector—\na request in the approved form asking the chief inspector to validate the new licence; and\na copy of the certified copy of the new licence.\nThe seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new licence.\nSubsections (5) and (6) do not apply if the explosive is propellant powder and the new licence is a licence under the Weapons Act 1990 that authorises the proposed use obtained under section 88 (3) (a) (iv) for the client, as a new client under that section.\nThis section does not apply if the person to whom the explosives are proposed to be sold is an inspector to whom a direction has been given by the chief inspector under section 105B of the Act to purchase the explosives.\ns 89 amd 2019 Act No. 7 s 121\n(sec.89-ssec.1) This section applies if the holder of a licence to sell explosives (the seller ) proposes to— sell a security sensitive explosive to another person (the client ) to whom the seller has previously sold a security sensitive explosive; or supply a security sensitive explosive to an employee mentioned in section 42 (1) (a) (also the client ) if the seller has previously sold a security sensitive explosive to the client’s employer.\n(sec.89-ssec.2) The seller must not sell or supply the explosive to the client unless the seller has previously complied with section 88 (2) for the client, as a new client under that section. Maximum penalty—200 penalty units.\n(sec.89-ssec.3) Also, if any of the following circumstances applies, the seller must not sell or supply the explosive to the client unless subsections (4) to (6) have been complied with— the client’s licence mentioned in section 88 (3) (b) (ii) expires; the chief inspector gives the seller a notice that the client’s licence mentioned in section 88 (3) (b) (ii) has been cancelled or suspended; the client holds a different licence from the licence under which the seller previously sold the client explosives; the client’s licence mentioned in section 88 (3) (b) (ii) has been renewed since the seller previously sold the client explosives. Maximum penalty—200 penalty units.\n(sec.89-ssec.4) The seller must— obtain a certified copy of the licence under the Act or the Weapons Act 1990 held by the client that authorises the client to purchase the explosive from the seller (the new licence ); and update the client record for the client made under section 88 (3) (c) to include details of the new licence and any expiry date stated on it.\n(sec.89-ssec.5) After complying with subsection (4) , the seller must give the chief inspector— a request in the approved form asking the chief inspector to validate the new licence; and a copy of the certified copy of the new licence.\n(sec.89-ssec.6) The seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new licence.\n(sec.89-ssec.7) Subsections (5) and (6) do not apply if the explosive is propellant powder and the new licence is a licence under the Weapons Act 1990 that authorises the proposed use obtained under section 88 (3) (a) (iv) for the client, as a new client under that section.\n(sec.89-ssec.8) This section does not apply if the person to whom the explosives are proposed to be sold is an inspector to whom a direction has been given by the chief inspector under section 105B of the Act to purchase the explosives.\n- (a) sell a security sensitive explosive to another person (the client ) to whom the seller has previously sold a security sensitive explosive; or\n- (b) supply a security sensitive explosive to an employee mentioned in section 42 (1) (a) (also the client ) if the seller has previously sold a security sensitive explosive to the client’s employer.\n- (a) the client’s licence mentioned in section 88 (3) (b) (ii) expires;\n- (b) the chief inspector gives the seller a notice that the client’s licence mentioned in section 88 (3) (b) (ii) has been cancelled or suspended;\n- (c) the client holds a different licence from the licence under which the seller previously sold the client explosives;\n- (d) the client’s licence mentioned in section 88 (3) (b) (ii) has been renewed since the seller previously sold the client explosives.\n- (a) obtain a certified copy of the licence under the Act or the Weapons Act 1990 held by the client that authorises the client to purchase the explosive from the seller (the new licence ); and\n- (b) update the client record for the client made under section 88 (3) (c) to include details of the new licence and any expiry date stated on it.\n- (a) a request in the approved form asking the chief inspector to validate the new licence; and\n- (b) a copy of the certified copy of the new licence.","sortOrder":135},{"sectionNumber":"sec.90","sectionType":"section","heading":"Requirements for holder of licence to sell explosives","content":"### sec.90 Requirements for holder of licence to sell explosives\n\nThe holder of a licence to sell explosives must—\nmake a record under subsection (2) of each explosive sold under the licence; and\nensure the licence, or a copy of the licence, is kept at a place where explosives are sold under the licence.\nMaximum penalty—50 penalty units.\nThe record must include the following—\nthe purchaser’s name;\nthe amount and type of explosive sold;\nthe date of sale;\ndetails of evidence produced by the purchaser to establish the purchaser’s authority to purchase the explosive;\ndetails of when and where the explosive was given to the purchaser.\nHowever, subsection (1) (a) does not apply in relation to—\nan unrestricted firework; or\nsmall arms ammunition.\n(sec.90-ssec.1) The holder of a licence to sell explosives must— make a record under subsection (2) of each explosive sold under the licence; and ensure the licence, or a copy of the licence, is kept at a place where explosives are sold under the licence. Maximum penalty—50 penalty units.\n(sec.90-ssec.2) The record must include the following— the purchaser’s name; the amount and type of explosive sold; the date of sale; details of evidence produced by the purchaser to establish the purchaser’s authority to purchase the explosive; details of when and where the explosive was given to the purchaser.\n(sec.90-ssec.3) However, subsection (1) (a) does not apply in relation to— an unrestricted firework; or small arms ammunition.\n- (a) make a record under subsection (2) of each explosive sold under the licence; and\n- (b) ensure the licence, or a copy of the licence, is kept at a place where explosives are sold under the licence.\n- (a) the purchaser’s name;\n- (b) the amount and type of explosive sold;\n- (c) the date of sale;\n- (d) details of evidence produced by the purchaser to establish the purchaser’s authority to purchase the explosive;\n- (e) details of when and where the explosive was given to the purchaser.\n- (a) an unrestricted firework; or\n- (b) small arms ammunition.","sortOrder":136},{"sectionNumber":"sec.91","sectionType":"section","heading":"Record keeping","content":"### sec.91 Record keeping\n\nThis section applies to a person who holds a licence to sell explosives.\nThe person must keep each record required to be made under section 88 (3) (c) or 90 (1) (a) or updated under section 89 (4) (b) for 5 years from the day the record is made or updated.\nMaximum penalty—200 penalty units.\nSubsection (2) continues to apply to the person even if the licence ends.\n(sec.91-ssec.1) This section applies to a person who holds a licence to sell explosives.\n(sec.91-ssec.2) The person must keep each record required to be made under section 88 (3) (c) or 90 (1) (a) or updated under section 89 (4) (b) for 5 years from the day the record is made or updated. Maximum penalty—200 penalty units.\n(sec.91-ssec.3) Subsection (2) continues to apply to the person even if the licence ends.","sortOrder":137},{"sectionNumber":"sec.92","sectionType":"section","heading":null,"content":"### Section sec.92\n\ns 92 om 2019 Act No. 7 s 122","sortOrder":138},{"sectionNumber":"sec.93","sectionType":"section","heading":"Offences about purchasing explosives","content":"### sec.93 Offences about purchasing explosives\n\nA person purchasing an explosive must not knowingly make, to the person selling the explosive, a false or misleading statement about the person’s identity or authority to purchase the explosive.\nMaximum penalty—50 penalty units.\nA person must not, without reasonable excuse, purchase an explosive if the person knows, or ought reasonably to know, the explosive may not lawfully be sold to the person.\nMaximum penalty—20 penalty units.\nA person purchasing a security sensitive explosive must, as soon as practicable after receiving it, give the seller notice of its receipt.\nMaximum penalty—200 penalty units.\n(sec.93-ssec.1) A person purchasing an explosive must not knowingly make, to the person selling the explosive, a false or misleading statement about the person’s identity or authority to purchase the explosive. Maximum penalty—50 penalty units.\n(sec.93-ssec.2) A person must not, without reasonable excuse, purchase an explosive if the person knows, or ought reasonably to know, the explosive may not lawfully be sold to the person. Maximum penalty—20 penalty units.\n(sec.93-ssec.3) A person purchasing a security sensitive explosive must, as soon as practicable after receiving it, give the seller notice of its receipt. Maximum penalty—200 penalty units.","sortOrder":139},{"sectionNumber":"pt.8","sectionType":"part","heading":"Storing explosives","content":"# Storing explosives","sortOrder":140},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Preliminary","content":"## Preliminary","sortOrder":141},{"sectionNumber":"sec.94","sectionType":"section","heading":"Definition for part","content":"### sec.94 Definition for part\n\nIn this part—\nschedule 4 explosive means an explosive mentioned in schedule 4 .","sortOrder":142},{"sectionNumber":"sec.95","sectionType":"section","heading":"Explosives exempt from s 44 of Act","content":"### sec.95 Explosives exempt from s 44 of Act\n\nThe following explosives are exempt from section 44 of the Act —\na schedule 4 explosive;\ncollectors’ ammunition stored by a prescribed ammunition collector;\nan explosive stored at a government magazine.\n- (a) a schedule 4 explosive;\n- (b) collectors’ ammunition stored by a prescribed ammunition collector;\n- (c) an explosive stored at a government magazine.","sortOrder":143},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Requirements for storing schedule 4 explosives","content":"## Requirements for storing schedule 4 explosives","sortOrder":144},{"sectionNumber":"sec.96","sectionType":"section","heading":"Application of division","content":"### sec.96 Application of division\n\nThis division does not apply in relation to an explosive stored at a government magazine.","sortOrder":145},{"sectionNumber":"sec.97","sectionType":"section","heading":"Definitions for division","content":"### sec.97 Definitions for division\n\nIn this division—\nrequired places , for a secured area, means—\nif the secured area is a drawer—on the outward facing surface of the drawer; or\nif the secured area is a cabinet—on the exterior surface of the cabinet; or\nif the secured area is a cupboard, room or other enclosure—at each entrance to the enclosure.\nsecure container means a spark-proof container that is kept closed at all times except when explosives are put into, or taken out of, the container.\nsecured area means any of the following places that is kept locked at all times when the place is not attended by a person—\na drawer or cabinet;\na cupboard, room or other enclosure.\n- (a) if the secured area is a drawer—on the outward facing surface of the drawer; or\n- (b) if the secured area is a cabinet—on the exterior surface of the cabinet; or\n- (c) if the secured area is a cupboard, room or other enclosure—at each entrance to the enclosure.\n- (a) a drawer or cabinet;\n- (b) a cupboard, room or other enclosure.","sortOrder":146},{"sectionNumber":"sec.98","sectionType":"section","heading":"General requirements for storing schedule 4 explosives","content":"### sec.98 General requirements for storing schedule 4 explosives\n\nA person storing a schedule 4 explosive must take reasonable care in storing the explosive to—\nprevent access to the explosive by a person who is not authorised to possess the explosive; and\nstore the explosive in a place that best minimises the potential consequences of an explosives incident involving the explosive.\nMaximum penalty—50 penalty units.\nHowever, subsection (1) does not apply to the person to the extent a requirement under the subsection is inconsistent with a requirement applying to the person under sections 99 to 103 .\n(sec.98-ssec.1) A person storing a schedule 4 explosive must take reasonable care in storing the explosive to— prevent access to the explosive by a person who is not authorised to possess the explosive; and store the explosive in a place that best minimises the potential consequences of an explosives incident involving the explosive. Maximum penalty—50 penalty units.\n(sec.98-ssec.2) However, subsection (1) does not apply to the person to the extent a requirement under the subsection is inconsistent with a requirement applying to the person under sections 99 to 103 .\n- (a) prevent access to the explosive by a person who is not authorised to possess the explosive; and\n- (b) store the explosive in a place that best minimises the potential consequences of an explosives incident involving the explosive.","sortOrder":147},{"sectionNumber":"sec.99","sectionType":"section","heading":"Requirements for storing small arms ammunition and power device cartridges","content":"### sec.99 Requirements for storing small arms ammunition and power device cartridges\n\nThis section applies to—\na person storing small arms ammunition, if the small arms ammunition is an explosive mentioned in schedule 4 , item 1; or\na person storing a power device cartridge.\nThe person—\nmust store the explosive—\nin its original packaging or in packaging or containers designed to protect the explosives individually; and\nin a secure container, or on a shelf that is inaccessible to a person who is not authorised to possess the explosive; and\nin a secured area; and\nmust not store the explosive in a secured area in which a firearm is stored unless—\nthe explosive and the firearm are stored in different parts of the secured area; and\nthe key to unlock the part of the secured area in which the firearm is stored is different from the key to unlock the part of the secured area in which the explosive is stored; and\nA firearm and small arms ammunition are stored in a locked room in separate safes. The safes have different combination locks.\nA firearm and small arms ammunition are stored in a locked room. The firearm is stored in a safe with a combination lock. The small arms ammunition is stored in a box in the same safe, but the box can only be opened with a padlock and key.\nif the person stores more than 10,000 safety cartridges or power device cartridges in a secured area—must display, in the required places for the secured area, a classification sign for the cartridges stored in the secured area.\nMaximum penalty—20 penalty units.\nIn this section—\nkey includes an electronic key.\nsafety cartridge has the meaning given under AS 2187, part 0.\n(sec.99-ssec.1) This section applies to— a person storing small arms ammunition, if the small arms ammunition is an explosive mentioned in schedule 4 , item 1; or a person storing a power device cartridge.\n(sec.99-ssec.2) The person— must store the explosive— in its original packaging or in packaging or containers designed to protect the explosives individually; and in a secure container, or on a shelf that is inaccessible to a person who is not authorised to possess the explosive; and in a secured area; and must not store the explosive in a secured area in which a firearm is stored unless— the explosive and the firearm are stored in different parts of the secured area; and the key to unlock the part of the secured area in which the firearm is stored is different from the key to unlock the part of the secured area in which the explosive is stored; and A firearm and small arms ammunition are stored in a locked room in separate safes. The safes have different combination locks. A firearm and small arms ammunition are stored in a locked room. The firearm is stored in a safe with a combination lock. The small arms ammunition is stored in a box in the same safe, but the box can only be opened with a padlock and key. if the person stores more than 10,000 safety cartridges or power device cartridges in a secured area—must display, in the required places for the secured area, a classification sign for the cartridges stored in the secured area. Maximum penalty—20 penalty units.\n(sec.99-ssec.3) In this section— key includes an electronic key. safety cartridge has the meaning given under AS 2187, part 0.\n- (a) a person storing small arms ammunition, if the small arms ammunition is an explosive mentioned in schedule 4 , item 1; or\n- (b) a person storing a power device cartridge.\n- (a) must store the explosive— (i) in its original packaging or in packaging or containers designed to protect the explosives individually; and (ii) in a secure container, or on a shelf that is inaccessible to a person who is not authorised to possess the explosive; and (iii) in a secured area; and\n- (i) in its original packaging or in packaging or containers designed to protect the explosives individually; and\n- (ii) in a secure container, or on a shelf that is inaccessible to a person who is not authorised to possess the explosive; and\n- (iii) in a secured area; and\n- (b) must not store the explosive in a secured area in which a firearm is stored unless— (i) the explosive and the firearm are stored in different parts of the secured area; and (ii) the key to unlock the part of the secured area in which the firearm is stored is different from the key to unlock the part of the secured area in which the explosive is stored; and Examples— 1 A firearm and small arms ammunition are stored in a locked room in separate safes. The safes have different combination locks. 2 A firearm and small arms ammunition are stored in a locked room. The firearm is stored in a safe with a combination lock. The small arms ammunition is stored in a box in the same safe, but the box can only be opened with a padlock and key.\n- (i) the explosive and the firearm are stored in different parts of the secured area; and\n- (ii) the key to unlock the part of the secured area in which the firearm is stored is different from the key to unlock the part of the secured area in which the explosive is stored; and\n- 1 A firearm and small arms ammunition are stored in a locked room in separate safes. The safes have different combination locks.\n- 2 A firearm and small arms ammunition are stored in a locked room. The firearm is stored in a safe with a combination lock. The small arms ammunition is stored in a box in the same safe, but the box can only be opened with a padlock and key.\n- (c) if the person stores more than 10,000 safety cartridges or power device cartridges in a secured area—must display, in the required places for the secured area, a classification sign for the cartridges stored in the secured area.\n- (i) in its original packaging or in packaging or containers designed to protect the explosives individually; and\n- (ii) in a secure container, or on a shelf that is inaccessible to a person who is not authorised to possess the explosive; and\n- (iii) in a secured area; and\n- (i) the explosive and the firearm are stored in different parts of the secured area; and\n- (ii) the key to unlock the part of the secured area in which the firearm is stored is different from the key to unlock the part of the secured area in which the explosive is stored; and\n- 1 A firearm and small arms ammunition are stored in a locked room in separate safes. The safes have different combination locks.\n- 2 A firearm and small arms ammunition are stored in a locked room. The firearm is stored in a safe with a combination lock. The small arms ammunition is stored in a box in the same safe, but the box can only be opened with a padlock and key.","sortOrder":148},{"sectionNumber":"sec.100","sectionType":"section","heading":"Requirements for storing distress signals in shop","content":"### sec.100 Requirements for storing distress signals in shop\n\nThis section applies to a person storing distress signals in a shop if the distress signals are schedule 4 explosives.\nThe person must store the distress signals—\nin their original packaging; and\nin a secure container; and\nin a secured area.\nMaximum penalty—20 penalty units.\n(sec.100-ssec.1) This section applies to a person storing distress signals in a shop if the distress signals are schedule 4 explosives.\n(sec.100-ssec.2) The person must store the distress signals— in their original packaging; and in a secure container; and in a secured area. Maximum penalty—20 penalty units.\n- (a) in their original packaging; and\n- (b) in a secure container; and\n- (c) in a secured area.","sortOrder":149},{"sectionNumber":"sec.101","sectionType":"section","heading":"Requirements for storing particular fireworks","content":"### sec.101 Requirements for storing particular fireworks\n\nThis section applies to a person storing fireworks in a place if the fireworks are fireworks mentioned in schedule 4 , item 8.\nThe person—\nmust store the fireworks—\nin their original packaging; and\nin a secure container; and\nin a secured area that is not, and is not part of, a building used wholly or partly as a dwelling or shop; and\nmust not store the fireworks in an area accessible to persons who are not authorised to possess the fireworks; and\nif the person stores more than 5kg (gross weight) of fireworks in the secured area, must display, in the required places for the secured area—\na sign stating the word ‘Fireworks’ or ‘Explosives’, or a classification sign for the fireworks stored in the secured area; and\na sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area.\nMaximum penalty—50 penalty units.\nHowever, the person does not commit an offence against subsection (2) only by failing to comply with subsection (2) (a) (iii) if the chief inspector has given written approval for the fireworks to be stored in the building.\n(sec.101-ssec.1) This section applies to a person storing fireworks in a place if the fireworks are fireworks mentioned in schedule 4 , item 8.\n(sec.101-ssec.2) The person— must store the fireworks— in their original packaging; and in a secure container; and in a secured area that is not, and is not part of, a building used wholly or partly as a dwelling or shop; and must not store the fireworks in an area accessible to persons who are not authorised to possess the fireworks; and if the person stores more than 5kg (gross weight) of fireworks in the secured area, must display, in the required places for the secured area— a sign stating the word ‘Fireworks’ or ‘Explosives’, or a classification sign for the fireworks stored in the secured area; and a sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area. Maximum penalty—50 penalty units.\n(sec.101-ssec.3) However, the person does not commit an offence against subsection (2) only by failing to comply with subsection (2) (a) (iii) if the chief inspector has given written approval for the fireworks to be stored in the building.\n- (a) must store the fireworks— (i) in their original packaging; and (ii) in a secure container; and (iii) in a secured area that is not, and is not part of, a building used wholly or partly as a dwelling or shop; and\n- (i) in their original packaging; and\n- (ii) in a secure container; and\n- (iii) in a secured area that is not, and is not part of, a building used wholly or partly as a dwelling or shop; and\n- (b) must not store the fireworks in an area accessible to persons who are not authorised to possess the fireworks; and\n- (c) if the person stores more than 5kg (gross weight) of fireworks in the secured area, must display, in the required places for the secured area— (i) a sign stating the word ‘Fireworks’ or ‘Explosives’, or a classification sign for the fireworks stored in the secured area; and (ii) a sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area.\n- (i) a sign stating the word ‘Fireworks’ or ‘Explosives’, or a classification sign for the fireworks stored in the secured area; and\n- (ii) a sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area.\n- (i) in their original packaging; and\n- (ii) in a secure container; and\n- (iii) in a secured area that is not, and is not part of, a building used wholly or partly as a dwelling or shop; and\n- (i) a sign stating the word ‘Fireworks’ or ‘Explosives’, or a classification sign for the fireworks stored in the secured area; and\n- (ii) a sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area.","sortOrder":150},{"sectionNumber":"sec.102","sectionType":"section","heading":"Requirements for storing propellant powder","content":"### sec.102 Requirements for storing propellant powder\n\nThis section applies to a person storing propellant powder in a place if the propellant powder is a schedule 4 explosive.\nThe person—\nmust store the propellant powder—\nin its original packaging; and\nin a secured area; and\nmust display, in the required places for the secured area—\na sign stating the word ‘Explosives’ or the words ‘Propellant powders’; and\na sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area; and\nif the person stores more than 15kg of propellant powder in the secured area—must display, in the required places for the secured area, a classification sign for the powder.\nMaximum penalty—50 penalty units.\n(sec.102-ssec.1) This section applies to a person storing propellant powder in a place if the propellant powder is a schedule 4 explosive.\n(sec.102-ssec.2) The person— must store the propellant powder— in its original packaging; and in a secured area; and must display, in the required places for the secured area— a sign stating the word ‘Explosives’ or the words ‘Propellant powders’; and a sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area; and if the person stores more than 15kg of propellant powder in the secured area—must display, in the required places for the secured area, a classification sign for the powder. Maximum penalty—50 penalty units.\n- (a) must store the propellant powder— (i) in its original packaging; and (ii) in a secured area; and\n- (i) in its original packaging; and\n- (ii) in a secured area; and\n- (b) must display, in the required places for the secured area— (i) a sign stating the word ‘Explosives’ or the words ‘Propellant powders’; and (ii) a sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area; and\n- (i) a sign stating the word ‘Explosives’ or the words ‘Propellant powders’; and\n- (ii) a sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area; and\n- (c) if the person stores more than 15kg of propellant powder in the secured area—must display, in the required places for the secured area, a classification sign for the powder.\n- (i) in its original packaging; and\n- (ii) in a secured area; and\n- (i) a sign stating the word ‘Explosives’ or the words ‘Propellant powders’; and\n- (ii) a sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area; and","sortOrder":151},{"sectionNumber":"sec.103","sectionType":"section","heading":"Requirements for storing blasting explosives","content":"### sec.103 Requirements for storing blasting explosives\n\nThis section applies to a person storing blasting explosives in a place if the blasting explosives are schedule 4 explosives.\nThe person—\nmust store the blasting explosives in a secured area; and\nmust display, in the required places for the secured area—\na sign stating the word ‘Explosives’; or\na classification sign for the explosive.\nMaximum penalty—50 penalty units.\n(sec.103-ssec.1) This section applies to a person storing blasting explosives in a place if the blasting explosives are schedule 4 explosives.\n(sec.103-ssec.2) The person— must store the blasting explosives in a secured area; and must display, in the required places for the secured area— a sign stating the word ‘Explosives’; or a classification sign for the explosive. Maximum penalty—50 penalty units.\n- (a) must store the blasting explosives in a secured area; and\n- (b) must display, in the required places for the secured area— (i) a sign stating the word ‘Explosives’; or (ii) a classification sign for the explosive.\n- (i) a sign stating the word ‘Explosives’; or\n- (ii) a classification sign for the explosive.\n- (i) a sign stating the word ‘Explosives’; or\n- (ii) a classification sign for the explosive.","sortOrder":152},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Requirements for holders of licences to store explosives and permits to store explosives","content":"## Requirements for holders of licences to store explosives and permits to store explosives","sortOrder":153},{"sectionNumber":"sec.104","sectionType":"section","heading":"Definition for division","content":"### sec.104 Definition for division\n\nIn this division—\nrelevant authority means—\na licence to store explosives; or\na permit to store explosives.\n- (a) a licence to store explosives; or\n- (b) a permit to store explosives.","sortOrder":154},{"sectionNumber":"sec.105","sectionType":"section","heading":"Requirements for storing explosives","content":"### sec.105 Requirements for storing explosives\n\nThe holder of a relevant authority must store an explosive, other than a schedule 4 explosive, as required under—\nfor a class 1 explosive—AS 2187, part 1 ; or\nfor a precursor—the precursor code; or\nfor security sensitive ammonium nitrate—the document called ‘Explosives information bulletin number 53—Storage requirements for security sensitive ammonium nitrate (SSAN)’, and published by the chief inspector on a Queensland Government website; or\nan alternative safety or security measure for paragraph (a) , (b) or (c) ; or\nfor an explosive other than an explosive mentioned in paragraph (a) , (b) or (c) —a safety measure approved by the chief inspector for the explosive.\nMaximum penalty—50 penalty units.\nIn this section—\nAS 2187, part 1 means AS 2187.1—1998 (Explosives—Storage, transport and use, Part 1 : Storage).\ns 105 amd 2019 Act No. 7 s 123 ; 2020 SL No. 69 s 11\n(sec.105-ssec.1) The holder of a relevant authority must store an explosive, other than a schedule 4 explosive, as required under— for a class 1 explosive—AS 2187, part 1 ; or for a precursor—the precursor code; or for security sensitive ammonium nitrate—the document called ‘Explosives information bulletin number 53—Storage requirements for security sensitive ammonium nitrate (SSAN)’, and published by the chief inspector on a Queensland Government website; or an alternative safety or security measure for paragraph (a) , (b) or (c) ; or for an explosive other than an explosive mentioned in paragraph (a) , (b) or (c) —a safety measure approved by the chief inspector for the explosive. Maximum penalty—50 penalty units.\n(sec.105-ssec.2) In this section— AS 2187, part 1 means AS 2187.1—1998 (Explosives—Storage, transport and use, Part 1 : Storage).\n- (a) for a class 1 explosive—AS 2187, part 1 ; or\n- (b) for a precursor—the precursor code; or\n- (c) for security sensitive ammonium nitrate—the document called ‘Explosives information bulletin number 53—Storage requirements for security sensitive ammonium nitrate (SSAN)’, and published by the chief inspector on a Queensland Government website; or\n- (d) an alternative safety or security measure for paragraph (a) , (b) or (c) ; or\n- (e) for an explosive other than an explosive mentioned in paragraph (a) , (b) or (c) —a safety measure approved by the chief inspector for the explosive.","sortOrder":155},{"sectionNumber":"sec.106","sectionType":"section","heading":"Authority must be kept at storage facility","content":"### sec.106 Authority must be kept at storage facility\n\nThe holder of a relevant authority must keep the authority, or a copy of the authority, at each storage facility for the authority.\nMaximum penalty—20 penalty units.","sortOrder":156},{"sectionNumber":"sec.107","sectionType":"section","heading":"Explosives to be supplied only to authorised persons","content":"### sec.107 Explosives to be supplied only to authorised persons\n\nThe holder of a relevant authority must ensure an explosive supplied from a storage facility for the authority is supplied only to a person who is authorised to possess the explosive.\nMaximum penalty—50 penalty units.","sortOrder":157},{"sectionNumber":"sec.108","sectionType":"section","heading":"Inspection of storage facility","content":"### sec.108 Inspection of storage facility\n\nThe holder of a relevant authority must ensure each of the following is inspected, at periods of not more than 3 months, for compliance with the Act —\na storage facility for the authority;\nthe premises where the storage facility is located;\nthe explosives stored in the storage facility.\nMaximum penalty—50 penalty units.\nThe holder of a relevant authority must keep a record of the inspections made under subsection (1) , stating the date of each inspection and any observations made.\nMaximum penalty—50 penalty units.\n(sec.108-ssec.1) The holder of a relevant authority must ensure each of the following is inspected, at periods of not more than 3 months, for compliance with the Act — a storage facility for the authority; the premises where the storage facility is located; the explosives stored in the storage facility. Maximum penalty—50 penalty units.\n(sec.108-ssec.2) The holder of a relevant authority must keep a record of the inspections made under subsection (1) , stating the date of each inspection and any observations made. Maximum penalty—50 penalty units.\n- (a) a storage facility for the authority;\n- (b) the premises where the storage facility is located;\n- (c) the explosives stored in the storage facility.","sortOrder":158},{"sectionNumber":"sec.109","sectionType":"section","heading":"Record keeping","content":"### sec.109 Record keeping\n\nThe holder of a relevant authority must keep a record under subsection (2) of an explosive received at, or supplied to a person from, a storage facility for the authority.\nMaximum penalty—50 penalty units.\nThe record must include each of the following details—\nthe type and amount of explosive received or supplied;\nthe date and time of the receipt or supply;\nfor an explosive supplied to a person from a storage facility for the authority—\nthe name of the person to whom the explosive is supplied; and\ndetails of the person’s authority to possess the explosive;\nthe amount of explosives stored in the storage facility immediately after the receipt or supply.\nThe holder of a relevant authority must ensure regular stocktakes of explosives stored in a storage facility for the authority are carried out to identify discrepancies in the records kept by the holder under subsection (1) .\nMaximum penalty—50 penalty units.\nIf a stocktake carried out under subsection (3) identifies a discrepancy in the records kept under subsection (1) by the holder of a relevant authority, the holder must—\nensure the discrepancy is properly investigated; and\ngive the chief inspector a written report stating the following—\nthe discrepancy identified;\nthe findings of the investigation;\nthe measures taken to prevent the discrepancy happening again.\nMaximum penalty—50 penalty units.\n(sec.109-ssec.1) The holder of a relevant authority must keep a record under subsection (2) of an explosive received at, or supplied to a person from, a storage facility for the authority. Maximum penalty—50 penalty units.\n(sec.109-ssec.2) The record must include each of the following details— the type and amount of explosive received or supplied; the date and time of the receipt or supply; for an explosive supplied to a person from a storage facility for the authority— the name of the person to whom the explosive is supplied; and details of the person’s authority to possess the explosive; the amount of explosives stored in the storage facility immediately after the receipt or supply.\n(sec.109-ssec.3) The holder of a relevant authority must ensure regular stocktakes of explosives stored in a storage facility for the authority are carried out to identify discrepancies in the records kept by the holder under subsection (1) . Maximum penalty—50 penalty units.\n(sec.109-ssec.4) If a stocktake carried out under subsection (3) identifies a discrepancy in the records kept under subsection (1) by the holder of a relevant authority, the holder must— ensure the discrepancy is properly investigated; and give the chief inspector a written report stating the following— the discrepancy identified; the findings of the investigation; the measures taken to prevent the discrepancy happening again. Maximum penalty—50 penalty units.\n- (a) the type and amount of explosive received or supplied;\n- (b) the date and time of the receipt or supply;\n- (c) for an explosive supplied to a person from a storage facility for the authority— (i) the name of the person to whom the explosive is supplied; and (ii) details of the person’s authority to possess the explosive;\n- (i) the name of the person to whom the explosive is supplied; and\n- (ii) details of the person’s authority to possess the explosive;\n- (d) the amount of explosives stored in the storage facility immediately after the receipt or supply.\n- (i) the name of the person to whom the explosive is supplied; and\n- (ii) details of the person’s authority to possess the explosive;\n- (a) ensure the discrepancy is properly investigated; and\n- (b) give the chief inspector a written report stating the following— (i) the discrepancy identified; (ii) the findings of the investigation; (iii) the measures taken to prevent the discrepancy happening again.\n- (i) the discrepancy identified;\n- (ii) the findings of the investigation;\n- (iii) the measures taken to prevent the discrepancy happening again.\n- (i) the discrepancy identified;\n- (ii) the findings of the investigation;\n- (iii) the measures taken to prevent the discrepancy happening again.","sortOrder":159},{"sectionNumber":"sec.110","sectionType":"section","heading":"Notification of change to risk associated with storage facility","content":"### sec.110 Notification of change to risk associated with storage facility\n\nThis section applies if the holder of a relevant authority knows, or ought reasonably to know, that a material change to a storage facility for the authority, or the surrounding area of the facility, increases the risk associated with the facility.\nThe holder must, as soon as practicable after the change happens, give the chief inspector notice of the change.\nMaximum penalty—50 penalty units.\n(sec.110-ssec.1) This section applies if the holder of a relevant authority knows, or ought reasonably to know, that a material change to a storage facility for the authority, or the surrounding area of the facility, increases the risk associated with the facility.\n(sec.110-ssec.2) The holder must, as soon as practicable after the change happens, give the chief inspector notice of the change. Maximum penalty—50 penalty units.","sortOrder":160},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Government magazines","content":"## Government magazines","sortOrder":161},{"sectionNumber":"sec.111","sectionType":"section","heading":"Definitions for division","content":"### sec.111 Definitions for division\n\naccount includes a written demand.\napplicant see section 117 (1) .\nmagazine employee means a person employed to work at a government magazine.\nrelevant supervisor , in relation to an activity carried out at a government magazine, means—\nthe manager of the magazine; or\na magazine employee; or\nan inspector.\n- (a) the manager of the magazine; or\n- (b) a magazine employee; or\n- (c) an inspector.","sortOrder":162},{"sectionNumber":"sec.112","sectionType":"section","heading":"Appointment","content":"### sec.112 Appointment\n\nThe chief inspector may appoint a person to be the manager of a government magazine.","sortOrder":163},{"sectionNumber":"sec.113","sectionType":"section","heading":"Functions","content":"### sec.113 Functions\n\nThe manager of a government magazine has the following functions—\nreceiving explosives at the magazine;\nstoring explosives at the magazine;\ninspecting and sampling explosives stored at the magazine;\nrepackaging explosives stored at the magazine;\nsupplying explosives from the magazine to persons;\ndestroying explosives at the magazine.\n- (a) receiving explosives at the magazine;\n- (b) storing explosives at the magazine;\n- (c) inspecting and sampling explosives stored at the magazine;\n- (d) repackaging explosives stored at the magazine;\n- (e) supplying explosives from the magazine to persons;\n- (f) destroying explosives at the magazine.","sortOrder":164},{"sectionNumber":"sec.114","sectionType":"section","heading":"Duties","content":"### sec.114 Duties\n\nThe manager of a government magazine must—\ncomply with a direction given to the manager by the chief inspector; and\nkeep a record of each activity mentioned in section 113 ; and\nensure each of the following is properly maintained and in a safe condition—\nthe magazine;\nthe building in which the magazine is located and the premises of the building;\nany equipment and tools in the building in which the magazine is located; and\nensure explosives at the magazine are secure from access by a person who should not have access to the explosives; and\nbe personally present at the magazine at all times during normal working hours, unless another person, approved by the chief inspector for this paragraph, is present at the magazine for the manager; and\ntake reasonable steps to ensure a magazine employee, or another person present at the magazine, complies with the Act ; and\nimmediately report to the chief inspector—\nan explosives incident happening at the magazine; or\nanother incident happening at the magazine that injures, or has the potential to injure, a person.\ns 114 amd 2019 Act No. 7 s 124\n- (a) comply with a direction given to the manager by the chief inspector; and\n- (b) keep a record of each activity mentioned in section 113 ; and\n- (c) ensure each of the following is properly maintained and in a safe condition— (i) the magazine; (ii) the building in which the magazine is located and the premises of the building; (iii) any equipment and tools in the building in which the magazine is located; and\n- (i) the magazine;\n- (ii) the building in which the magazine is located and the premises of the building;\n- (iii) any equipment and tools in the building in which the magazine is located; and\n- (d) ensure explosives at the magazine are secure from access by a person who should not have access to the explosives; and\n- (e) be personally present at the magazine at all times during normal working hours, unless another person, approved by the chief inspector for this paragraph, is present at the magazine for the manager; and\n- (f) take reasonable steps to ensure a magazine employee, or another person present at the magazine, complies with the Act ; and\n- (g) immediately report to the chief inspector— (i) an explosives incident happening at the magazine; or (ii) another incident happening at the magazine that injures, or has the potential to injure, a person.\n- (i) an explosives incident happening at the magazine; or\n- (ii) another incident happening at the magazine that injures, or has the potential to injure, a person.\n- (i) the magazine;\n- (ii) the building in which the magazine is located and the premises of the building;\n- (iii) any equipment and tools in the building in which the magazine is located; and\n- (i) an explosives incident happening at the magazine; or\n- (ii) another incident happening at the magazine that injures, or has the potential to injure, a person.","sortOrder":165},{"sectionNumber":"sec.115","sectionType":"section","heading":"Powers to inspect, take samples of and repackage explosives","content":"### sec.115 Powers to inspect, take samples of and repackage explosives\n\nThe manager of a government magazine may deal with an explosive stored at the magazine as provided under this section.\nThe manager may inspect and take samples of the explosive to decide whether the explosive—\nis an authorised explosive; or\nis packaged and labelled as required under the Australian explosives code; or\nis in a safe condition for storage and transport.\nThe manager may inspect the explosive to decide whether the explosive is in a secure condition for storage and transport.\nThe manager may repackage the explosive if—\nthe person for whom the explosive is stored consents to it being repackaged; and\nthe manager reasonably believes that repackaging is necessary for the explosive—\nto be packaged and labelled as required under the Australian explosives code; or\nto be in a safe and secure condition for storage and transport.\ns 115 amd 2019 Act No. 7 s 125\n(sec.115-ssec.1) The manager of a government magazine may deal with an explosive stored at the magazine as provided under this section.\n(sec.115-ssec.2) The manager may inspect and take samples of the explosive to decide whether the explosive— is an authorised explosive; or is packaged and labelled as required under the Australian explosives code; or is in a safe condition for storage and transport.\n(sec.115-ssec.3) The manager may inspect the explosive to decide whether the explosive is in a secure condition for storage and transport.\n(sec.115-ssec.4) The manager may repackage the explosive if— the person for whom the explosive is stored consents to it being repackaged; and the manager reasonably believes that repackaging is necessary for the explosive— to be packaged and labelled as required under the Australian explosives code; or to be in a safe and secure condition for storage and transport.\n- (a) is an authorised explosive; or\n- (b) is packaged and labelled as required under the Australian explosives code; or\n- (c) is in a safe condition for storage and transport.\n- (a) the person for whom the explosive is stored consents to it being repackaged; and\n- (b) the manager reasonably believes that repackaging is necessary for the explosive— (i) to be packaged and labelled as required under the Australian explosives code; or (ii) to be in a safe and secure condition for storage and transport.\n- (i) to be packaged and labelled as required under the Australian explosives code; or\n- (ii) to be in a safe and secure condition for storage and transport.\n- (i) to be packaged and labelled as required under the Australian explosives code; or\n- (ii) to be in a safe and secure condition for storage and transport.","sortOrder":166},{"sectionNumber":"sec.115A","sectionType":"section","heading":"Manager may authorise magazine employees to give instructions","content":"### sec.115A Manager may authorise magazine employees to give instructions\n\nThe manager of a government magazine may, by notice given to a magazine employee, authorise the employee to give instructions to other persons at the magazine, including other magazine employees, that are necessary to ensure compliance with the Act .\nThe notice must state—\nthe name of the magazine employee to whom the authorisation is given; and\nthe day the authorisation is given; and\nany conditions to which the authorisation is subject.\nThe manager of the government magazine may authorise the magazine employee to give instructions under subsection (1) only if the manager is satisfied the employee is appropriately qualified to give the instructions.\ns 115A ins 2019 Act No. 7 s 126\n(sec.115A-ssec.1) The manager of a government magazine may, by notice given to a magazine employee, authorise the employee to give instructions to other persons at the magazine, including other magazine employees, that are necessary to ensure compliance with the Act .\n(sec.115A-ssec.2) The notice must state— the name of the magazine employee to whom the authorisation is given; and the day the authorisation is given; and any conditions to which the authorisation is subject.\n(sec.115A-ssec.3) The manager of the government magazine may authorise the magazine employee to give instructions under subsection (1) only if the manager is satisfied the employee is appropriately qualified to give the instructions.\n- (a) the name of the magazine employee to whom the authorisation is given; and\n- (b) the day the authorisation is given; and\n- (c) any conditions to which the authorisation is subject.","sortOrder":167},{"sectionNumber":"sec.116","sectionType":"section","heading":"Entry to government magazines","content":"### sec.116 Entry to government magazines\n\nFor schedule 2 of the Act , definition unlawfully enter , paragraph (a) (iii) , the following persons are prescribed—\nthe manager of the magazine;\nan inspector.\ns 116 sub 2019 Act No. 7 s 127\n- (a) the manager of the magazine;\n- (b) an inspector.","sortOrder":168},{"sectionNumber":"sec.116A","sectionType":"section","heading":"Entry to areas within government magazines","content":"### sec.116A Entry to areas within government magazines\n\nThe manager of a government magazine or an inspector may direct a person not to enter an area within a government magazine if the manager or inspector considers the direction is reasonably necessary to ensure—\nthe safety of the person or another person; or\nthe security of an explosive at the magazine from access by a person who should not have access to the explosive.\nA person given a direction under subsection (1) must comply with the direction.\nMaximum penalty—50 penalty units.\nThe manager of a government magazine or an inspector may take reasonable steps to remove a person from an area within a government magazine if the person entered the area in contravention of a direction given to the person under subsection (1) .\ns 116A ins 2019 Act No. 7 s 127\n(sec.116A-ssec.1) The manager of a government magazine or an inspector may direct a person not to enter an area within a government magazine if the manager or inspector considers the direction is reasonably necessary to ensure— the safety of the person or another person; or the security of an explosive at the magazine from access by a person who should not have access to the explosive.\n(sec.116A-ssec.2) A person given a direction under subsection (1) must comply with the direction. Maximum penalty—50 penalty units.\n(sec.116A-ssec.3) The manager of a government magazine or an inspector may take reasonable steps to remove a person from an area within a government magazine if the person entered the area in contravention of a direction given to the person under subsection (1) .\n- (a) the safety of the person or another person; or\n- (b) the security of an explosive at the magazine from access by a person who should not have access to the explosive.","sortOrder":169},{"sectionNumber":"sec.117","sectionType":"section","heading":"Request to store explosive or carry out activity","content":"### sec.117 Request to store explosive or carry out activity\n\nThis section applies to a person (an applicant ), other than the manager of a government magazine or an inspector, who wishes to—\nhave an explosive stored at the government magazine; or\nenter the government magazine to carry out an activity at the magazine in relation to an explosive.\nchecking, sampling, relabelling and repackaging explosives\nThe applicant must give the manager of the government magazine a notice requesting that the explosive be stored, or the activity be carried out, at the government magazine.\n(sec.117-ssec.1) This section applies to a person (an applicant ), other than the manager of a government magazine or an inspector, who wishes to— have an explosive stored at the government magazine; or enter the government magazine to carry out an activity at the magazine in relation to an explosive. checking, sampling, relabelling and repackaging explosives\n(sec.117-ssec.2) The applicant must give the manager of the government magazine a notice requesting that the explosive be stored, or the activity be carried out, at the government magazine.\n- (a) have an explosive stored at the government magazine; or\n- (b) enter the government magazine to carry out an activity at the magazine in relation to an explosive. Examples of activities— checking, sampling, relabelling and repackaging explosives","sortOrder":170},{"sectionNumber":"sec.118","sectionType":"section","heading":"How manager must deal with request","content":"### sec.118 How manager must deal with request\n\nIf the manager of a government magazine receives a request under section 117 , the manager must, as soon as practicable after receiving the request—\ndecide whether to approve the request, with or without conditions; and\ngive the applicant a notice under subsection (2) or (3) .\nIf the manager decides to approve the request, the notice must state each of the following—\nthat the request is approved;\nany conditions of the approval to carry out the activity;\nthat an explosive stored at the government magazine may be inspected and sampled by—\nthe manager of the magazine under section 115 ; or\nan inspector under the Act ;\nthat the applicant may carry out an activity at the government magazine in relation to the explosive only with the chief inspector’s consent;\nthat the chief inspector may require, as a condition of consenting to the activity being carried out, that the activity be carried out under the supervision of a relevant supervisor;\nthat before the explosive is stored, or the activity is carried out, at the government magazine, the applicant must agree to pay, within 30 days after receiving an account for the fee, any fee charged by the chief inspector under section 122 for storing the explosive or supervising the activity;\nfor a request to store an explosive, that the explosive must, unless an exemption is given by the chief inspector for section 119 (1) (d) —\nbe properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and\nbe in a safe and secure condition for storage, handling and transport;\nthe powers of the chief inspector under subdivision 5 if a fee mentioned in paragraph (f) is not paid.\nIf the manager decides not to approve the request, the notice must state—\nthat the request is not approved; and\nthe reasons for the decision.\nThe manager may decide to approve a request to store an explosive at the government magazine only if the manager is reasonably satisfied the explosive may be safely and securely stored at the magazine.\ns 118 amd 2019 Act No. 7 s 128\n(sec.118-ssec.1) If the manager of a government magazine receives a request under section 117 , the manager must, as soon as practicable after receiving the request— decide whether to approve the request, with or without conditions; and give the applicant a notice under subsection (2) or (3) .\n(sec.118-ssec.2) If the manager decides to approve the request, the notice must state each of the following— that the request is approved; any conditions of the approval to carry out the activity; that an explosive stored at the government magazine may be inspected and sampled by— the manager of the magazine under section 115 ; or an inspector under the Act ; that the applicant may carry out an activity at the government magazine in relation to the explosive only with the chief inspector’s consent; that the chief inspector may require, as a condition of consenting to the activity being carried out, that the activity be carried out under the supervision of a relevant supervisor; that before the explosive is stored, or the activity is carried out, at the government magazine, the applicant must agree to pay, within 30 days after receiving an account for the fee, any fee charged by the chief inspector under section 122 for storing the explosive or supervising the activity; for a request to store an explosive, that the explosive must, unless an exemption is given by the chief inspector for section 119 (1) (d) — be properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and be in a safe and secure condition for storage, handling and transport; the powers of the chief inspector under subdivision 5 if a fee mentioned in paragraph (f) is not paid.\n(sec.118-ssec.3) If the manager decides not to approve the request, the notice must state— that the request is not approved; and the reasons for the decision.\n(sec.118-ssec.4) The manager may decide to approve a request to store an explosive at the government magazine only if the manager is reasonably satisfied the explosive may be safely and securely stored at the magazine.\n- (a) decide whether to approve the request, with or without conditions; and\n- (b) give the applicant a notice under subsection (2) or (3) .\n- (a) that the request is approved;\n- (b) any conditions of the approval to carry out the activity;\n- (c) that an explosive stored at the government magazine may be inspected and sampled by— (i) the manager of the magazine under section 115 ; or (ii) an inspector under the Act ;\n- (i) the manager of the magazine under section 115 ; or\n- (ii) an inspector under the Act ;\n- (d) that the applicant may carry out an activity at the government magazine in relation to the explosive only with the chief inspector’s consent;\n- (e) that the chief inspector may require, as a condition of consenting to the activity being carried out, that the activity be carried out under the supervision of a relevant supervisor;\n- (f) that before the explosive is stored, or the activity is carried out, at the government magazine, the applicant must agree to pay, within 30 days after receiving an account for the fee, any fee charged by the chief inspector under section 122 for storing the explosive or supervising the activity;\n- (g) for a request to store an explosive, that the explosive must, unless an exemption is given by the chief inspector for section 119 (1) (d) — (i) be properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and (ii) be in a safe and secure condition for storage, handling and transport;\n- (i) be properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and\n- (ii) be in a safe and secure condition for storage, handling and transport;\n- (h) the powers of the chief inspector under subdivision 5 if a fee mentioned in paragraph (f) is not paid.\n- (i) the manager of the magazine under section 115 ; or\n- (ii) an inspector under the Act ;\n- (i) be properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and\n- (ii) be in a safe and secure condition for storage, handling and transport;\n- (a) that the request is not approved; and\n- (b) the reasons for the decision.","sortOrder":171},{"sectionNumber":"sec.119","sectionType":"section","heading":"Requirements for storing explosive","content":"### sec.119 Requirements for storing explosive\n\nAn explosive may be stored for an applicant at a government magazine only if—\nthe manager of the magazine has approved a request to store the explosive; and\nthe applicant agrees to pay, within 30 days after receiving an account for the fee, any fee charged by the chief inspector under section 122 for storing the explosive; and\nthe explosive is—\nan authorised explosive; or\nan unauthorised explosive or a prohibited explosive for which the chief inspector has issued to the applicant an explosives trial approval for the storage of the explosive; and\nthe explosive—\nis properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and\nis in a safe and secure condition for storage, handling and transport.\nHowever, subsection (1) (d) does not apply if the chief inspector gives an exemption for the subsection.\ns 119 amd 2019 Act No. 7 s 129\n(sec.119-ssec.1) An explosive may be stored for an applicant at a government magazine only if— the manager of the magazine has approved a request to store the explosive; and the applicant agrees to pay, within 30 days after receiving an account for the fee, any fee charged by the chief inspector under section 122 for storing the explosive; and the explosive is— an authorised explosive; or an unauthorised explosive or a prohibited explosive for which the chief inspector has issued to the applicant an explosives trial approval for the storage of the explosive; and the explosive— is properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and is in a safe and secure condition for storage, handling and transport.\n(sec.119-ssec.2) However, subsection (1) (d) does not apply if the chief inspector gives an exemption for the subsection.\n- (a) the manager of the magazine has approved a request to store the explosive; and\n- (b) the applicant agrees to pay, within 30 days after receiving an account for the fee, any fee charged by the chief inspector under section 122 for storing the explosive; and\n- (c) the explosive is— (i) an authorised explosive; or (ii) an unauthorised explosive or a prohibited explosive for which the chief inspector has issued to the applicant an explosives trial approval for the storage of the explosive; and\n- (i) an authorised explosive; or\n- (ii) an unauthorised explosive or a prohibited explosive for which the chief inspector has issued to the applicant an explosives trial approval for the storage of the explosive; and\n- (d) the explosive— (i) is properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and (ii) is in a safe and secure condition for storage, handling and transport.\n- (i) is properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and\n- (ii) is in a safe and secure condition for storage, handling and transport.\n- (i) an authorised explosive; or\n- (ii) an unauthorised explosive or a prohibited explosive for which the chief inspector has issued to the applicant an explosives trial approval for the storage of the explosive; and\n- (i) is properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and\n- (ii) is in a safe and secure condition for storage, handling and transport.","sortOrder":172},{"sectionNumber":"sec.120","sectionType":"section","heading":"Requirements for carrying out activity","content":"### sec.120 Requirements for carrying out activity\n\nAn applicant must not carry out an activity at a government magazine in relation to an explosive unless—\nthe manager of the magazine has approved the applicant’s request to carry out the activity at the magazine; and\nthe chief inspector has consented to the activity being carried out; and\nthe applicant has agreed to pay, within 30 days after receiving an account for the fee, any fee charged by the chief inspector under section 122 for supervising the activity; and\nif the approval is subject to a condition—the condition is met; and\nif the chief inspector requires, as a condition of consenting to the activity being carried out, that the activity must be carried out under the supervision of a relevant supervisor—the activity is supervised by the relevant supervisor; and\nthe applicant has not been given a notice under section 124 (1) (a) advising that the manager has been given a direction under section 123 (2) (b) to stop the activity.\nMaximum penalty—20 penalty units.\n- (a) the manager of the magazine has approved the applicant’s request to carry out the activity at the magazine; and\n- (b) the chief inspector has consented to the activity being carried out; and\n- (c) the applicant has agreed to pay, within 30 days after receiving an account for the fee, any fee charged by the chief inspector under section 122 for supervising the activity; and\n- (d) if the approval is subject to a condition—the condition is met; and\n- (e) if the chief inspector requires, as a condition of consenting to the activity being carried out, that the activity must be carried out under the supervision of a relevant supervisor—the activity is supervised by the relevant supervisor; and\n- (f) the applicant has not been given a notice under section 124 (1) (a) advising that the manager has been given a direction under section 123 (2) (b) to stop the activity.","sortOrder":173},{"sectionNumber":"sec.121","sectionType":"section","heading":"Meaning of relevant person","content":"### sec.121 Meaning of relevant person\n\nA relevant person , for payment of a fee charged under section 122 , means the person who asked that—\nthe explosive for which the fee is charged be stored at the government magazine; or\nthe activity for which the fee is charged be carried out at the government magazine.\nHowever, if a notice for the explosive is given under subdivision 6 after the request is made, the relevant person , for payment of the fee, is the person named in the notice as the person to whom the explosive has been sold or transferred.\n(sec.121-ssec.1) A relevant person , for payment of a fee charged under section 122 , means the person who asked that— the explosive for which the fee is charged be stored at the government magazine; or the activity for which the fee is charged be carried out at the government magazine.\n(sec.121-ssec.2) However, if a notice for the explosive is given under subdivision 6 after the request is made, the relevant person , for payment of the fee, is the person named in the notice as the person to whom the explosive has been sold or transferred.\n- (a) the explosive for which the fee is charged be stored at the government magazine; or\n- (b) the activity for which the fee is charged be carried out at the government magazine.","sortOrder":174},{"sectionNumber":"sec.122","sectionType":"section","heading":"Chief inspector may charge fee","content":"### sec.122 Chief inspector may charge fee\n\nThe chief inspector may charge a fee for the following services—\nthe storage of an explosive at a government magazine;\nthe supervision, by a relevant supervisor, of an activity carried out at the government magazine.\nThe fee must not be more than the reasonable cost of storing the explosive or supervising the activity.\nA liability to pay the fee is enforceable jointly and severally against each of the following persons—\nthe person who asked to have the explosive stored at the government magazine and who has agreed to pay a fee as mentioned in section 119 (1) (b) ;\nthe person who asked to carry out the activity at the government magazine and who has agreed to pay a fee as mentioned in section 120 (1) (c) ;\na person who becomes the owner of the explosive before the fee is paid;\nthe person for whom the explosive is stored at the government magazine when the fee becomes payable.\n(sec.122-ssec.1) The chief inspector may charge a fee for the following services— the storage of an explosive at a government magazine; the supervision, by a relevant supervisor, of an activity carried out at the government magazine.\n(sec.122-ssec.2) The fee must not be more than the reasonable cost of storing the explosive or supervising the activity.\n(sec.122-ssec.3) A liability to pay the fee is enforceable jointly and severally against each of the following persons— the person who asked to have the explosive stored at the government magazine and who has agreed to pay a fee as mentioned in section 119 (1) (b) ; the person who asked to carry out the activity at the government magazine and who has agreed to pay a fee as mentioned in section 120 (1) (c) ; a person who becomes the owner of the explosive before the fee is paid; the person for whom the explosive is stored at the government magazine when the fee becomes payable.\n- (a) the storage of an explosive at a government magazine;\n- (b) the supervision, by a relevant supervisor, of an activity carried out at the government magazine.\n- (a) the person who asked to have the explosive stored at the government magazine and who has agreed to pay a fee as mentioned in section 119 (1) (b) ;\n- (b) the person who asked to carry out the activity at the government magazine and who has agreed to pay a fee as mentioned in section 120 (1) (c) ;\n- (c) a person who becomes the owner of the explosive before the fee is paid;\n- (d) the person for whom the explosive is stored at the government magazine when the fee becomes payable.","sortOrder":175},{"sectionNumber":"sec.123","sectionType":"section","heading":"Powers of chief inspector if fee not paid","content":"### sec.123 Powers of chief inspector if fee not paid\n\nThis section applies if a fee charged under section 122 is not paid within 60 days after the relevant person for payment of the fee receives an account for the fee.\nThe chief inspector may do any of the following—\ndirect the manager of the government magazine at which the explosive is stored not to release the explosive from the magazine until the earlier of the following—\nthe relevant person pays the fee;\nthe explosive is sold by the chief inspector under section 125 ;\nif the fee is for supervising an activity—direct the manager of the government magazine at which the activity is being carried out that the activity must stop immediately and not resume unless the relevant person pays the fee;\nif the fee is for storing an explosive—sell the explosive under section 125 to recover the costs of storing the explosive at the magazine;\ndispose of the explosive.\n(sec.123-ssec.1) This section applies if a fee charged under section 122 is not paid within 60 days after the relevant person for payment of the fee receives an account for the fee.\n(sec.123-ssec.2) The chief inspector may do any of the following— direct the manager of the government magazine at which the explosive is stored not to release the explosive from the magazine until the earlier of the following— the relevant person pays the fee; the explosive is sold by the chief inspector under section 125 ; if the fee is for supervising an activity—direct the manager of the government magazine at which the activity is being carried out that the activity must stop immediately and not resume unless the relevant person pays the fee; if the fee is for storing an explosive—sell the explosive under section 125 to recover the costs of storing the explosive at the magazine; dispose of the explosive.\n- (a) direct the manager of the government magazine at which the explosive is stored not to release the explosive from the magazine until the earlier of the following— (i) the relevant person pays the fee; (ii) the explosive is sold by the chief inspector under section 125 ;\n- (i) the relevant person pays the fee;\n- (ii) the explosive is sold by the chief inspector under section 125 ;\n- (b) if the fee is for supervising an activity—direct the manager of the government magazine at which the activity is being carried out that the activity must stop immediately and not resume unless the relevant person pays the fee;\n- (c) if the fee is for storing an explosive—sell the explosive under section 125 to recover the costs of storing the explosive at the magazine;\n- (d) dispose of the explosive.\n- (i) the relevant person pays the fee;\n- (ii) the explosive is sold by the chief inspector under section 125 ;","sortOrder":176},{"sectionNumber":"sec.124","sectionType":"section","heading":"Requirements for chief inspector exercising powers","content":"### sec.124 Requirements for chief inspector exercising powers\n\nIf the chief inspector acts under section 123 (2) (a) or (b) , the chief inspector must, as soon as practicable after acting, give the relevant person for payment of the fee a notice stating—\nthe action taken and the reasons for taking the action; and\nthe amount the person must pay for the explosive to be released from the magazine or the activity to resume.\nIf the chief inspector decides to act under section 123 (2) (c) or (d) , the chief inspector must, before taking the action, give the relevant person for payment of the fee an information notice stating—\nthe action the chief inspector proposes to take; and\nthe amount the relevant person must pay to prevent the action being taken; and\nthe date, not being earlier than 28 days after the notice is given to the relevant person, after which the action may be taken if the amount is not paid.\nSubsection (2) does not limit the QCAT Act , section 157 (2) .\n(sec.124-ssec.1) If the chief inspector acts under section 123 (2) (a) or (b) , the chief inspector must, as soon as practicable after acting, give the relevant person for payment of the fee a notice stating— the action taken and the reasons for taking the action; and the amount the person must pay for the explosive to be released from the magazine or the activity to resume.\n(sec.124-ssec.2) If the chief inspector decides to act under section 123 (2) (c) or (d) , the chief inspector must, before taking the action, give the relevant person for payment of the fee an information notice stating— the action the chief inspector proposes to take; and the amount the relevant person must pay to prevent the action being taken; and the date, not being earlier than 28 days after the notice is given to the relevant person, after which the action may be taken if the amount is not paid.\n(sec.124-ssec.3) Subsection (2) does not limit the QCAT Act , section 157 (2) .\n- (a) the action taken and the reasons for taking the action; and\n- (b) the amount the person must pay for the explosive to be released from the magazine or the activity to resume.\n- (a) the action the chief inspector proposes to take; and\n- (b) the amount the relevant person must pay to prevent the action being taken; and\n- (c) the date, not being earlier than 28 days after the notice is given to the relevant person, after which the action may be taken if the amount is not paid.","sortOrder":177},{"sectionNumber":"sec.125","sectionType":"section","heading":"Sale or disposal of explosive","content":"### sec.125 Sale or disposal of explosive\n\nThe chief inspector may sell or dispose of an explosive stored at a government magazine if—\na fee charged under section 122 for storing the explosive has not been paid; and\nthe chief inspector has given an information notice, as required under section 124 (2) , to the relevant person for payment of the fee stating that the chief inspector proposes to sell or dispose of the explosive; and\nthe period allowed for an external review of the decision to sell or dispose of the explosive has ended or the external review has been decided in favour of the chief inspector.\nHowever, an explosive may not be sold or disposed of under this section if—\nafter an information notice is given under section 124 (2) , the chief inspector or the manager of the government magazine receives notice, under subdivision 6 , of the sale or transfer of the explosive; and\nthe person to whom the explosive has been sold or transferred is not the person to whom the information notice was given under section 124 (2) .\nThe proceeds of the sale of an explosive under this section must be applied as follows—\nfirstly, in payment of the expenses of the sale;\nsecondly, in payment of the costs of storing the explosive;\nthirdly, in payment to the relevant person.\n(sec.125-ssec.1) The chief inspector may sell or dispose of an explosive stored at a government magazine if— a fee charged under section 122 for storing the explosive has not been paid; and the chief inspector has given an information notice, as required under section 124 (2) , to the relevant person for payment of the fee stating that the chief inspector proposes to sell or dispose of the explosive; and the period allowed for an external review of the decision to sell or dispose of the explosive has ended or the external review has been decided in favour of the chief inspector.\n(sec.125-ssec.2) However, an explosive may not be sold or disposed of under this section if— after an information notice is given under section 124 (2) , the chief inspector or the manager of the government magazine receives notice, under subdivision 6 , of the sale or transfer of the explosive; and the person to whom the explosive has been sold or transferred is not the person to whom the information notice was given under section 124 (2) .\n(sec.125-ssec.3) The proceeds of the sale of an explosive under this section must be applied as follows— firstly, in payment of the expenses of the sale; secondly, in payment of the costs of storing the explosive; thirdly, in payment to the relevant person.\n- (a) a fee charged under section 122 for storing the explosive has not been paid; and\n- (b) the chief inspector has given an information notice, as required under section 124 (2) , to the relevant person for payment of the fee stating that the chief inspector proposes to sell or dispose of the explosive; and\n- (c) the period allowed for an external review of the decision to sell or dispose of the explosive has ended or the external review has been decided in favour of the chief inspector.\n- (a) after an information notice is given under section 124 (2) , the chief inspector or the manager of the government magazine receives notice, under subdivision 6 , of the sale or transfer of the explosive; and\n- (b) the person to whom the explosive has been sold or transferred is not the person to whom the information notice was given under section 124 (2) .\n- (a) firstly, in payment of the expenses of the sale;\n- (b) secondly, in payment of the costs of storing the explosive;\n- (c) thirdly, in payment to the relevant person.","sortOrder":178},{"sectionNumber":"sec.126","sectionType":"section","heading":"Notice of transfer of ownership of explosive","content":"### sec.126 Notice of transfer of ownership of explosive\n\nThis section applies to a person—\nfor whom an explosive is stored at a government magazine; and\nwho sells or otherwise transfers the explosive, wholly or partly, to another person.\nThe person must, immediately following the sale or transfer, give notice under subsection (3) of the sale or transfer to—\nthe chief inspector; or\nthe manager of the government magazine.\nMaximum penalty—20 penalty units.\nThe notice must include the name and contact details of the person to whom the explosive has been sold or transferred.\n(sec.126-ssec.1) This section applies to a person— for whom an explosive is stored at a government magazine; and who sells or otherwise transfers the explosive, wholly or partly, to another person.\n(sec.126-ssec.2) The person must, immediately following the sale or transfer, give notice under subsection (3) of the sale or transfer to— the chief inspector; or the manager of the government magazine. Maximum penalty—20 penalty units.\n(sec.126-ssec.3) The notice must include the name and contact details of the person to whom the explosive has been sold or transferred.\n- (a) for whom an explosive is stored at a government magazine; and\n- (b) who sells or otherwise transfers the explosive, wholly or partly, to another person.\n- (a) the chief inspector; or\n- (b) the manager of the government magazine.","sortOrder":179},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Rules of conduct for persons at storage facilities and government magazines","content":"## Rules of conduct for persons at storage facilities and government magazines","sortOrder":180},{"sectionNumber":"sec.127","sectionType":"section","heading":"Application of division","content":"### sec.127 Application of division\n\nThis division applies to a person at a storage facility for a relevant authority or a government magazine, including a person employed to work at the facility or magazine.","sortOrder":181},{"sectionNumber":"sec.128","sectionType":"section","heading":"Definitions for division","content":"### sec.128 Definitions for division\n\nIn this division—\nprescribed person means—\nin relation to a government magazine—\nthe manager of the government magazine; or\nan inspector; or\nin relation to a storage facility—the holder of the relevant authority.\nrelevant authority means—\na licence to store explosives; or\na permit to store explosives.\n- (a) in relation to a government magazine— (i) the manager of the government magazine; or (ii) an inspector; or\n- (i) the manager of the government magazine; or\n- (ii) an inspector; or\n- (b) in relation to a storage facility—the holder of the relevant authority.\n- (i) the manager of the government magazine; or\n- (ii) an inspector; or\n- (a) a licence to store explosives; or\n- (b) a permit to store explosives.","sortOrder":182},{"sectionNumber":"sec.129","sectionType":"section","heading":"Person must comply with instructions and procedures","content":"### sec.129 Person must comply with instructions and procedures\n\nThe person must comply with—\nthe lawful instructions of—\na prescribed person; or\nfor a government magazine—a person authorised under section 115A to give instructions to another person at the government magazine; and\nfor a storage facility—the procedures under the safety and security management system of the holder of the relevant authority for the facility to the extent the procedures apply to the person; and\nfor a government magazine—the procedures in relation to explosives approved by the chief inspector for the magazine to the extent—\nthe procedures apply to the person; and\nthe person has been made aware the procedures apply to the person.\nMaximum penalty—50 penalty units.\nFor subsection (1) (a) , a lawful instruction does not include a direction given to a person under section 116A (1) .\ns 129 amd 2019 Act No. 7 s 130\n(sec.129-ssec.1) The person must comply with— the lawful instructions of— a prescribed person; or for a government magazine—a person authorised under section 115A to give instructions to another person at the government magazine; and for a storage facility—the procedures under the safety and security management system of the holder of the relevant authority for the facility to the extent the procedures apply to the person; and for a government magazine—the procedures in relation to explosives approved by the chief inspector for the magazine to the extent— the procedures apply to the person; and the person has been made aware the procedures apply to the person. Maximum penalty—50 penalty units.\n(sec.129-ssec.2) For subsection (1) (a) , a lawful instruction does not include a direction given to a person under section 116A (1) .\n- (a) the lawful instructions of— (i) a prescribed person; or (ii) for a government magazine—a person authorised under section 115A to give instructions to another person at the government magazine; and\n- (i) a prescribed person; or\n- (ii) for a government magazine—a person authorised under section 115A to give instructions to another person at the government magazine; and\n- (b) for a storage facility—the procedures under the safety and security management system of the holder of the relevant authority for the facility to the extent the procedures apply to the person; and\n- (c) for a government magazine—the procedures in relation to explosives approved by the chief inspector for the magazine to the extent— (i) the procedures apply to the person; and (ii) the person has been made aware the procedures apply to the person.\n- (i) the procedures apply to the person; and\n- (ii) the person has been made aware the procedures apply to the person.\n- (i) a prescribed person; or\n- (ii) for a government magazine—a person authorised under section 115A to give instructions to another person at the government magazine; and\n- (i) the procedures apply to the person; and\n- (ii) the person has been made aware the procedures apply to the person.","sortOrder":183},{"sectionNumber":"sec.130","sectionType":"section","heading":"Person must report particular matters","content":"### sec.130 Person must report particular matters\n\nThis section applies if the person becomes aware of any of the following matters—\na dangerous situation at the storage facility or government magazine that involves an imminent risk of death or injury to a person;\na circumstance that has the potential to adversely affect the person’s ability to comply with instructions or procedures mentioned in section 129 ;\nan explosives incident happening at the storage facility or government magazine.\nImmediately after becoming aware of the matter, the person must report the matter to a prescribed person, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 130 amd 2019 Act No. 7 s 313 s ch 1 pt 3\n(sec.130-ssec.1) This section applies if the person becomes aware of any of the following matters— a dangerous situation at the storage facility or government magazine that involves an imminent risk of death or injury to a person; a circumstance that has the potential to adversely affect the person’s ability to comply with instructions or procedures mentioned in section 129 ; an explosives incident happening at the storage facility or government magazine.\n(sec.130-ssec.2) Immediately after becoming aware of the matter, the person must report the matter to a prescribed person, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) a dangerous situation at the storage facility or government magazine that involves an imminent risk of death or injury to a person;\n- (b) a circumstance that has the potential to adversely affect the person’s ability to comply with instructions or procedures mentioned in section 129 ;\n- (c) an explosives incident happening at the storage facility or government magazine.","sortOrder":184},{"sectionNumber":"sec.131","sectionType":"section","heading":"Prohibited conduct","content":"### sec.131 Prohibited conduct\n\nThe person must not, without reasonable excuse—\nwilfully remove, obscure or interfere with—\na sign, notice or other written information about safely and securely storing explosives displayed or made available at the storage facility or government magazine by a prescribed person; or\na label or marking on an explosive or its packaging; or\nact in a wilful or careless way that injures, or has the potential to injure, a person at the storage facility or government magazine; or\nhandle an explosive at the storage facility or government magazine unless the person is authorised by a prescribed person to handle the explosive.\nMaximum penalty—50 penalty units.\ns 131 amd 2019 Act No. 7 s 131\n- (a) wilfully remove, obscure or interfere with— (i) a sign, notice or other written information about safely and securely storing explosives displayed or made available at the storage facility or government magazine by a prescribed person; or (ii) a label or marking on an explosive or its packaging; or\n- (i) a sign, notice or other written information about safely and securely storing explosives displayed or made available at the storage facility or government magazine by a prescribed person; or\n- (ii) a label or marking on an explosive or its packaging; or\n- (b) act in a wilful or careless way that injures, or has the potential to injure, a person at the storage facility or government magazine; or\n- (c) handle an explosive at the storage facility or government magazine unless the person is authorised by a prescribed person to handle the explosive.\n- (i) a sign, notice or other written information about safely and securely storing explosives displayed or made available at the storage facility or government magazine by a prescribed person; or\n- (ii) a label or marking on an explosive or its packaging; or","sortOrder":185},{"sectionNumber":"pt.9","sectionType":"part","heading":"Transporting explosives","content":"# Transporting explosives","sortOrder":186},{"sectionNumber":"pt.9-div.1","sectionType":"division","heading":"Explosives too dangerous to transport","content":"## Explosives too dangerous to transport","sortOrder":187},{"sectionNumber":"sec.132","sectionType":"section","heading":"Explosives declared to be too dangerous to transport","content":"### sec.132 Explosives declared to be too dangerous to transport\n\nFor section 51 of the Act , an explosive mentioned in the Australian explosives code, appendix 9 is declared to be too dangerous to transport.","sortOrder":188},{"sectionNumber":"pt.9-div.2","sectionType":"division","heading":"Exemptions and related matters","content":"## Exemptions and related matters","sortOrder":189},{"sectionNumber":"sec.133","sectionType":"section","heading":"Explosives exempt from s 50 (1) of Act","content":"### sec.133 Explosives exempt from s 50 (1) of Act\n\nThe following explosives are exempt from section 50 (1) of the Act —\nan explosive that is part of the operational equipment of a vehicle;\na distress signal on board a vehicle;\nan airbag in a vehicle\na distress signal on board a boat that is part of the boat’s safety equipment\na fire suppression system that uses an explosive\nan explosive on board a boat, the owner or master of which is subject to the Transport Operations (Marine Safety) Regulation 2016 , section 88 (1) or (2) , for the explosive.\ns 133 amd 2019 Act No. 7 ss 132 , 313 s ch 1 pt 3\n- (a) an explosive that is part of the operational equipment of a vehicle;\n- (b) a distress signal on board a vehicle; Examples— • an airbag in a vehicle • a distress signal on board a boat that is part of the boat’s safety equipment • a fire suppression system that uses an explosive\n- • an airbag in a vehicle\n- • a distress signal on board a boat that is part of the boat’s safety equipment\n- • a fire suppression system that uses an explosive\n- (c) an explosive on board a boat, the owner or master of which is subject to the Transport Operations (Marine Safety) Regulation 2016 , section 88 (1) or (2) , for the explosive.\n- • an airbag in a vehicle\n- • a distress signal on board a boat that is part of the boat’s safety equipment\n- • a fire suppression system that uses an explosive","sortOrder":190},{"sectionNumber":"sec.134","sectionType":"section","heading":"Requirements for consignors and consignees of particular explosives","content":"### sec.134 Requirements for consignors and consignees of particular explosives\n\nThis section applies to a person who is the consignor or consignee of a class 1 explosive, or a class 2 to 9 explosive, that is transported by vehicle.\nThe person must comply with—\nfor a class 1 explosive—the Australian explosives code; or\nfor a class 2 to 9 explosive—the Australian dangerous goods code.\nMaximum penalty—50 penalty units.\nHowever, the person is not required to comply with a provision of the Australian dangerous goods code, or the Australian explosives code, if—\na determination applying to the person states that the determination applies for this section instead of the provision; and\nthe person complies with the determination.\ns 134 amd 2019 Act No. 7 ss 133 , 313 s ch 1 pt 3\n(sec.134-ssec.1) This section applies to a person who is the consignor or consignee of a class 1 explosive, or a class 2 to 9 explosive, that is transported by vehicle.\n(sec.134-ssec.2) The person must comply with— for a class 1 explosive—the Australian explosives code; or for a class 2 to 9 explosive—the Australian dangerous goods code. Maximum penalty—50 penalty units.\n(sec.134-ssec.3) However, the person is not required to comply with a provision of the Australian dangerous goods code, or the Australian explosives code, if— a determination applying to the person states that the determination applies for this section instead of the provision; and the person complies with the determination.\n- (a) for a class 1 explosive—the Australian explosives code; or\n- (b) for a class 2 to 9 explosive—the Australian dangerous goods code.\n- (a) a determination applying to the person states that the determination applies for this section instead of the provision; and\n- (b) the person complies with the determination.","sortOrder":191},{"sectionNumber":"sec.135","sectionType":"section","heading":"Amounts of explosives— Act , s 50","content":"### sec.135 Amounts of explosives— Act , s 50\n\nFor section 50 (2) (a) (i) of the Act , the following amounts are prescribed—\nfor an explosive mentioned in schedule 5 —\nthe maximum amount stated for the explosive in the schedule; or\nif no maximum amount is stated for the explosive in the schedule—any amount;\nfor an explosive, other than an excluded explosive, transported by a person who holds an authority authorising the use of the explosive—\nif a condition of the authority states a maximum amount that may be transported under the authority—the maximum amount; or\notherwise—250kg;\nfor an explosive, other than an excluded explosive, transported in a place that is not a public place by a person who holds an authority authorising the possession of the explosive—any amount;\nfor collectors’ ammunition transported by a prescribed ammunition collector—any amount.\nIn this section—\nexcluded explosive means—\nan unauthorised explosive or a prohibited explosive; or\nan explosive mentioned in schedule 5 .\ns 135 amd 2019 Act No. 7 s 134\n(sec.135-ssec.1) For section 50 (2) (a) (i) of the Act , the following amounts are prescribed— for an explosive mentioned in schedule 5 — the maximum amount stated for the explosive in the schedule; or if no maximum amount is stated for the explosive in the schedule—any amount; for an explosive, other than an excluded explosive, transported by a person who holds an authority authorising the use of the explosive— if a condition of the authority states a maximum amount that may be transported under the authority—the maximum amount; or otherwise—250kg; for an explosive, other than an excluded explosive, transported in a place that is not a public place by a person who holds an authority authorising the possession of the explosive—any amount; for collectors’ ammunition transported by a prescribed ammunition collector—any amount.\n(sec.135-ssec.2) In this section— excluded explosive means— an unauthorised explosive or a prohibited explosive; or an explosive mentioned in schedule 5 .\n- (a) for an explosive mentioned in schedule 5 — (i) the maximum amount stated for the explosive in the schedule; or (ii) if no maximum amount is stated for the explosive in the schedule—any amount;\n- (i) the maximum amount stated for the explosive in the schedule; or\n- (ii) if no maximum amount is stated for the explosive in the schedule—any amount;\n- (b) for an explosive, other than an excluded explosive, transported by a person who holds an authority authorising the use of the explosive— (i) if a condition of the authority states a maximum amount that may be transported under the authority—the maximum amount; or (ii) otherwise—250kg;\n- (i) if a condition of the authority states a maximum amount that may be transported under the authority—the maximum amount; or\n- (ii) otherwise—250kg;\n- (c) for an explosive, other than an excluded explosive, transported in a place that is not a public place by a person who holds an authority authorising the possession of the explosive—any amount;\n- (d) for collectors’ ammunition transported by a prescribed ammunition collector—any amount.\n- (i) the maximum amount stated for the explosive in the schedule; or\n- (ii) if no maximum amount is stated for the explosive in the schedule—any amount;\n- (i) if a condition of the authority states a maximum amount that may be transported under the authority—the maximum amount; or\n- (ii) otherwise—250kg;\n- (a) an unauthorised explosive or a prohibited explosive; or\n- (b) an explosive mentioned in schedule 5 .","sortOrder":192},{"sectionNumber":"sec.136","sectionType":"section","heading":"Conditions for transporting explosives— Act , s 50","content":"### sec.136 Conditions for transporting explosives— Act , s 50\n\nFor section 50 (2) (a) (ii) of the Act , the conditions stated in subsections (2) and (3) are prescribed.\nA person transporting an explosive mentioned in section 135 (1) (a) or (b) must comply with—\nfor a class 1 explosive—the Australian explosives code; or\nfor a class 2 to 9 explosive—the Australian dangerous goods code.\nA person transporting an explosive mentioned in section 135 (1) (c) must comply with—\nfor a class 1 explosive—the Australian explosives code or alternative safety and security measures for the code; or\nfor a class 2 to 9 explosive—the Australian dangerous goods code or alternative safety and security measures for the code.\nHowever, a person mentioned in subsection (2) or (3) is not required to comply with a provision of the Australian dangerous goods code, or the Australian explosives code, if—\na determination applying to the person states that the determination applies for this section instead of the provision; and\nthe person complies with the determination.\nFor subsection (3) , the person’s alternative safety and security measures must provide for the following matters—\nthe packaging of an explosive for transport;\nthe design of a vehicle, including a compartment in the vehicle, used to transport explosives;\nthe marking of—\nan explosive being transported; and\na vehicle, including a compartment in a vehicle, used to transport explosives;\nthe storage and security of explosives during transport, including the separation of different types of explosives;\nlimits on the amount of explosives that may be transported in a vehicle;\nprocedures to minimise the probability and consequences of an explosives incident happening while explosives are transported, including requirements about the following—\nthe required competence for the driver of a vehicle transporting explosives;\nthe required response of the driver if an explosives incident happens;\nareas where explosives can not be safely and securely stored for transport;\ntemporary storage or holding areas for explosives before or after transportation.\ns 136 amd 2018 SL No. 27 s 4 ; 2019 Act No. 7 s 135 ; 2020 SL No. 170 s 9\n(sec.136-ssec.1) For section 50 (2) (a) (ii) of the Act , the conditions stated in subsections (2) and (3) are prescribed.\n(sec.136-ssec.2) A person transporting an explosive mentioned in section 135 (1) (a) or (b) must comply with— for a class 1 explosive—the Australian explosives code; or for a class 2 to 9 explosive—the Australian dangerous goods code.\n(sec.136-ssec.3) A person transporting an explosive mentioned in section 135 (1) (c) must comply with— for a class 1 explosive—the Australian explosives code or alternative safety and security measures for the code; or for a class 2 to 9 explosive—the Australian dangerous goods code or alternative safety and security measures for the code.\n(sec.136-ssec.4) However, a person mentioned in subsection (2) or (3) is not required to comply with a provision of the Australian dangerous goods code, or the Australian explosives code, if— a determination applying to the person states that the determination applies for this section instead of the provision; and the person complies with the determination.\n(sec.136-ssec.5) For subsection (3) , the person’s alternative safety and security measures must provide for the following matters— the packaging of an explosive for transport; the design of a vehicle, including a compartment in the vehicle, used to transport explosives; the marking of— an explosive being transported; and a vehicle, including a compartment in a vehicle, used to transport explosives; the storage and security of explosives during transport, including the separation of different types of explosives; limits on the amount of explosives that may be transported in a vehicle; procedures to minimise the probability and consequences of an explosives incident happening while explosives are transported, including requirements about the following— the required competence for the driver of a vehicle transporting explosives; the required response of the driver if an explosives incident happens; areas where explosives can not be safely and securely stored for transport; temporary storage or holding areas for explosives before or after transportation.\n- (a) for a class 1 explosive—the Australian explosives code; or\n- (b) for a class 2 to 9 explosive—the Australian dangerous goods code.\n- (a) for a class 1 explosive—the Australian explosives code or alternative safety and security measures for the code; or\n- (b) for a class 2 to 9 explosive—the Australian dangerous goods code or alternative safety and security measures for the code.\n- (a) a determination applying to the person states that the determination applies for this section instead of the provision; and\n- (b) the person complies with the determination.\n- (a) the packaging of an explosive for transport;\n- (b) the design of a vehicle, including a compartment in the vehicle, used to transport explosives;\n- (c) the marking of— (i) an explosive being transported; and (ii) a vehicle, including a compartment in a vehicle, used to transport explosives;\n- (i) an explosive being transported; and\n- (ii) a vehicle, including a compartment in a vehicle, used to transport explosives;\n- (d) the storage and security of explosives during transport, including the separation of different types of explosives;\n- (e) limits on the amount of explosives that may be transported in a vehicle;\n- (f) procedures to minimise the probability and consequences of an explosives incident happening while explosives are transported, including requirements about the following— (i) the required competence for the driver of a vehicle transporting explosives; (ii) the required response of the driver if an explosives incident happens; (iii) areas where explosives can not be safely and securely stored for transport; (iv) temporary storage or holding areas for explosives before or after transportation.\n- (i) the required competence for the driver of a vehicle transporting explosives;\n- (ii) the required response of the driver if an explosives incident happens;\n- (iii) areas where explosives can not be safely and securely stored for transport;\n- (iv) temporary storage or holding areas for explosives before or after transportation.\n- (i) an explosive being transported; and\n- (ii) a vehicle, including a compartment in a vehicle, used to transport explosives;\n- (i) the required competence for the driver of a vehicle transporting explosives;\n- (ii) the required response of the driver if an explosives incident happens;\n- (iii) areas where explosives can not be safely and securely stored for transport;\n- (iv) temporary storage or holding areas for explosives before or after transportation.","sortOrder":193},{"sectionNumber":"sec.136A","sectionType":"section","heading":"Transport of explosives by persons employed at mines— Act , s 50","content":"### sec.136A Transport of explosives by persons employed at mines— Act , s 50\n\nFor section 50 (2) (b) of the Act , section 50 (1) of the Act does not apply to a person transporting an explosive by driving a vehicle if the person—\nis employed to work at a mine; and\nis transporting the explosive at the mine and in the course of the person’s employment.\ns 136A ins 2019 Act No. 7 s 136\n- (a) is employed to work at a mine; and\n- (b) is transporting the explosive at the mine and in the course of the person’s employment.","sortOrder":194},{"sectionNumber":"pt.9-div.3","sectionType":"division","heading":"General requirements","content":"## General requirements","sortOrder":195},{"sectionNumber":"sec.137","sectionType":"section","heading":"General requirements for transporting explosives","content":"### sec.137 General requirements for transporting explosives\n\nFor section 50 (3) (a) of the Act , a person transporting an explosive in a vehicle must comply with—\nfor a class 1 explosive—the Australian explosives code; or\nfor a class 2 to 9 explosive—the Australian dangerous goods code; or\nfor another explosive—any conditions of the person’s licence to transport explosives.\nHowever, a person transporting an explosive in a mobile manufacturing unit must comply with the mobile manufacturing code.\nAlso, a person mentioned in subsection (1) is not required to comply with a provision of the Australian dangerous goods code, or the Australian explosives code, if—\na determination applying to the person states that the determination applies for this section instead of the provision; and\nthe person complies with the determination.\ns 137 amd 2019 Act No. 7 ss 137 , 313 s ch 1 pt 3\n(sec.137-ssec.1) For section 50 (3) (a) of the Act , a person transporting an explosive in a vehicle must comply with— for a class 1 explosive—the Australian explosives code; or for a class 2 to 9 explosive—the Australian dangerous goods code; or for another explosive—any conditions of the person’s licence to transport explosives.\n(sec.137-ssec.2) However, a person transporting an explosive in a mobile manufacturing unit must comply with the mobile manufacturing code.\n(sec.137-ssec.3) Also, a person mentioned in subsection (1) is not required to comply with a provision of the Australian dangerous goods code, or the Australian explosives code, if— a determination applying to the person states that the determination applies for this section instead of the provision; and the person complies with the determination.\n- (a) for a class 1 explosive—the Australian explosives code; or\n- (b) for a class 2 to 9 explosive—the Australian dangerous goods code; or\n- (c) for another explosive—any conditions of the person’s licence to transport explosives.\n- (a) a determination applying to the person states that the determination applies for this section instead of the provision; and\n- (b) the person complies with the determination.","sortOrder":196},{"sectionNumber":"sec.138","sectionType":"section","heading":"Authority must be kept in vehicle","content":"### sec.138 Authority must be kept in vehicle\n\nThe holder of a licence to transport explosives must keep the licence, or a copy of the licence, in a vehicle in which explosives are transported under the licence.\nMaximum penalty—20 penalty units.\ns 138 amd 2019 Act No. 7 s 313 s ch 1 pt 3","sortOrder":197},{"sectionNumber":"sec.138A","sectionType":"section","heading":"Licence must be available for inspection","content":"### sec.138A Licence must be available for inspection\n\nThe holder of an explosives driver licence must, unless the holder has a reasonable excuse—\nhave the licence available for inspection when driving a vehicle to transport explosives; and\nif asked by an inspector, produce the licence for inspection by the inspector.\nMaximum penalty—20 penalty units.\ns 138A ins 2019 Act No. 7 s 138\n- (a) have the licence available for inspection when driving a vehicle to transport explosives; and\n- (b) if asked by an inspector, produce the licence for inspection by the inspector.","sortOrder":198},{"sectionNumber":"pt.9-div.4","sectionType":"division","heading":"Rules of conduct for employees of holders of licences to transport explosives","content":"## Rules of conduct for employees of holders of licences to transport explosives","sortOrder":199},{"sectionNumber":"sec.139","sectionType":"section","heading":"Application of division","content":"### sec.139 Application of division\n\nThis division applies to a person who is employed by the holder of a licence to transport explosives.","sortOrder":200},{"sectionNumber":"sec.140","sectionType":"section","heading":"Person must comply with instructions, notices and procedures","content":"### sec.140 Person must comply with instructions, notices and procedures\n\nThe person must comply with—\nthe lawful instructions or notices given to the person by the holder; and\nthe procedures under the holder’s safety and security management system to the extent the procedures apply to the person.\nMaximum penalty—50 penalty units.\ns 140 amd 2019 Act No. 7 s 139\n- (a) the lawful instructions or notices given to the person by the holder; and\n- (b) the procedures under the holder’s safety and security management system to the extent the procedures apply to the person.","sortOrder":201},{"sectionNumber":"sec.141","sectionType":"section","heading":"Person must report particular matters","content":"### sec.141 Person must report particular matters\n\nThis section applies if the person becomes aware of any of the following matters—\na dangerous situation in connection with the transportation of explosives that involves an imminent risk of death or injury to a person;\na circumstance that has the potential to adversely affect the person’s ability to comply with instructions, notices or procedures mentioned in section 140 ;\nan explosives incident happening in connection with the transportation of explosives.\nImmediately after becoming aware of the matter, the person must report the matter to the holder, unless the person has a reasonable excuse.\nMaximum penalty—50 penalty units.\ns 141 amd 2019 Act No. 7 s 313 s ch 1 pt 3\n(sec.141-ssec.1) This section applies if the person becomes aware of any of the following matters— a dangerous situation in connection with the transportation of explosives that involves an imminent risk of death or injury to a person; a circumstance that has the potential to adversely affect the person’s ability to comply with instructions, notices or procedures mentioned in section 140 ; an explosives incident happening in connection with the transportation of explosives.\n(sec.141-ssec.2) Immediately after becoming aware of the matter, the person must report the matter to the holder, unless the person has a reasonable excuse. Maximum penalty—50 penalty units.\n- (a) a dangerous situation in connection with the transportation of explosives that involves an imminent risk of death or injury to a person;\n- (b) a circumstance that has the potential to adversely affect the person’s ability to comply with instructions, notices or procedures mentioned in section 140 ;\n- (c) an explosives incident happening in connection with the transportation of explosives.","sortOrder":202},{"sectionNumber":"sec.142","sectionType":"section","heading":"Prohibited conduct","content":"### sec.142 Prohibited conduct\n\nThe person must not, without reasonable excuse—\nwilfully remove, obscure or interfere with—\na sign about safely and securely handling explosives displayed on a vehicle used for transporting explosives; or\na label or marking on an explosive or its packaging; or\nother information about safety and security in relation to transporting explosives provided to a person by the holder; or\nact in a wilful or careless way that injures, or has the potential to injure, a person in or near a vehicle carrying explosives; or\nhandle an explosive unless the person is authorised by the holder to handle the explosive.\nMaximum penalty—50 penalty units.\ns 142 amd 2019 Act No. 7 ss 140 , 313 s ch 1 pt 3\n- (a) wilfully remove, obscure or interfere with— (i) a sign about safely and securely handling explosives displayed on a vehicle used for transporting explosives; or (ii) a label or marking on an explosive or its packaging; or (iii) other information about safety and security in relation to transporting explosives provided to a person by the holder; or\n- (i) a sign about safely and securely handling explosives displayed on a vehicle used for transporting explosives; or\n- (ii) a label or marking on an explosive or its packaging; or\n- (iii) other information about safety and security in relation to transporting explosives provided to a person by the holder; or\n- (b) act in a wilful or careless way that injures, or has the potential to injure, a person in or near a vehicle carrying explosives; or\n- (c) handle an explosive unless the person is authorised by the holder to handle the explosive.\n- (i) a sign about safely and securely handling explosives displayed on a vehicle used for transporting explosives; or\n- (ii) a label or marking on an explosive or its packaging; or\n- (iii) other information about safety and security in relation to transporting explosives provided to a person by the holder; or","sortOrder":203},{"sectionNumber":"pt.9-div.5","sectionType":"division","heading":"Insurance","content":"## Insurance","sortOrder":204},{"sectionNumber":"sec.143","sectionType":"section","heading":"Application of division","content":"### sec.143 Application of division\n\nThis division applies in relation to the holder of an authority, other than an explosives driver licence, that authorises the transport of explosives.\ns 143 amd 2019 Act No. 7 s 141","sortOrder":205},{"sectionNumber":"sec.144","sectionType":"section","heading":"Insurance requirements","content":"### sec.144 Insurance requirements\n\nThe holder of the authority must not use a vehicle to transport a category 2 load, a category 3 load or a placard load unless the use of the vehicle is covered by a policy of insurance or other form of indemnity, for at least the prescribed sum, for—\npersonal injury, death, property damage and other damage (other than consequential economic loss) arising out of a relevant event; and\ncosts incurred by or for a government entity, including, for example, RSHQ, or a Commonwealth entity in a clean-up resulting from a relevant event.\nMaximum penalty—60 penalty units.\nIn this section—\nprescribed sum means—\nfor a category 2 load—$2.5m; or\nfor a category 3 load or placard load—$5m.\nrelevant event , in relation to a vehicle, means a fire, explosion, leakage or spillage of an explosive in, on or from the vehicle or any packaging transported in or on the vehicle.\ns 144 amd 2019 Act No. 7 s 313 s ch 1 pt 3 ; 2020 SL No. 69 s 12 ; 2024 SL No. 167 s 48\n(sec.144-ssec.1) The holder of the authority must not use a vehicle to transport a category 2 load, a category 3 load or a placard load unless the use of the vehicle is covered by a policy of insurance or other form of indemnity, for at least the prescribed sum, for— personal injury, death, property damage and other damage (other than consequential economic loss) arising out of a relevant event; and costs incurred by or for a government entity, including, for example, RSHQ, or a Commonwealth entity in a clean-up resulting from a relevant event. Maximum penalty—60 penalty units.\n(sec.144-ssec.2) In this section— prescribed sum means— for a category 2 load—$2.5m; or for a category 3 load or placard load—$5m. relevant event , in relation to a vehicle, means a fire, explosion, leakage or spillage of an explosive in, on or from the vehicle or any packaging transported in or on the vehicle.\n- (a) personal injury, death, property damage and other damage (other than consequential economic loss) arising out of a relevant event; and\n- (b) costs incurred by or for a government entity, including, for example, RSHQ, or a Commonwealth entity in a clean-up resulting from a relevant event.\n- (a) for a category 2 load—$2.5m; or\n- (b) for a category 3 load or placard load—$5m.","sortOrder":206},{"sectionNumber":"sec.145","sectionType":"section","heading":"Chief inspector may require production of evidence of insurance","content":"### sec.145 Chief inspector may require production of evidence of insurance\n\nThis section applies if the holder of the authority has used, or an inspector reasonably believes the holder may use, a vehicle to transport a category 2 load, a category 3 load or a placard load.\nThe chief inspector may, by notice, require the holder to produce written evidence that the vehicle is covered by a policy of insurance or other form of indemnity mentioned in section 144 .\nThe holder must produce the evidence to the chief inspector within 14 days after the day the notice is given.\nMaximum penalty—20 penalty units.\ns 145 amd 2019 Act No. 7 s 313 s ch 1 pt 3\n(sec.145-ssec.1) This section applies if the holder of the authority has used, or an inspector reasonably believes the holder may use, a vehicle to transport a category 2 load, a category 3 load or a placard load.\n(sec.145-ssec.2) The chief inspector may, by notice, require the holder to produce written evidence that the vehicle is covered by a policy of insurance or other form of indemnity mentioned in section 144 .\n(sec.145-ssec.3) The holder must produce the evidence to the chief inspector within 14 days after the day the notice is given. Maximum penalty—20 penalty units.","sortOrder":207},{"sectionNumber":"pt.9-div.6","sectionType":"division","heading":"Competent authority","content":"## Competent authority","sortOrder":208},{"sectionNumber":"sec.145A","sectionType":"section","heading":"Chief inspector is competent authority— Act , s 51A","content":"### sec.145A Chief inspector is competent authority— Act , s 51A\n\nFor section 51A (1) (a) of the Act , the chief inspector is the competent authority for this part.\ns 145A ins 2019 Act No. 7 s 142","sortOrder":209},{"sectionNumber":"pt.9-div.7","sectionType":"division","heading":"Determinations","content":"## Determinations","sortOrder":210},{"sectionNumber":"sec.145B","sectionType":"section","heading":"Competent authority may make determinations— Act , s 51A","content":"### sec.145B Competent authority may make determinations— Act , s 51A\n\nFor section 51A (1) (b) of the Act , the competent authority may make a determination about the safe and secure transport of an explosive.\nA determination under subsection (1) must be made by notice.\nA notice under subsection (2) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .\nSubsection (2) does not apply to an administrative determination.\ns 145B ins 2019 Act No. 7 s 142\namd 2022 SL No. 113 s 7 sch 4\n(sec.145B-ssec.1) For section 51A (1) (b) of the Act , the competent authority may make a determination about the safe and secure transport of an explosive.\n(sec.145B-ssec.2) A determination under subsection (1) must be made by notice. A notice under subsection (2) is declared to be subordinate legislation under the Statutory Instruments Regulation 2022 , section 3 (3) and schedule 1 .\n(sec.145B-ssec.3) Subsection (2) does not apply to an administrative determination.","sortOrder":211},{"sectionNumber":"sec.145C","sectionType":"section","heading":"Offences relating to determinations","content":"### sec.145C Offences relating to determinations\n\nIf a determination permits the doing of something subject to a condition, a person to whom the determination applies must, if the person does the thing, comply with the condition.\nMaximum penalty—40 penalty units.\nIf a determination prohibits the doing of something, a person to whom the determination applies must not do the thing.\nMaximum penalty—100 penalty units.\nIf a determination requires the doing of something, a person to whom the determination applies must do the thing.\nMaximum penalty—100 penalty units.\nIt is a defence to a prosecution for an offence against this section that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.\ns 145C ins 2019 Act No. 7 s 142\n(sec.145C-ssec.1) If a determination permits the doing of something subject to a condition, a person to whom the determination applies must, if the person does the thing, comply with the condition. Maximum penalty—40 penalty units.\n(sec.145C-ssec.2) If a determination prohibits the doing of something, a person to whom the determination applies must not do the thing. Maximum penalty—100 penalty units.\n(sec.145C-ssec.3) If a determination requires the doing of something, a person to whom the determination applies must do the thing. Maximum penalty—100 penalty units.\n(sec.145C-ssec.4) It is a defence to a prosecution for an offence against this section that the person did not know, and could not reasonably have been expected to know, of the determination, or that the determination applied to the person.","sortOrder":212},{"sectionNumber":"sec.145D","sectionType":"section","heading":"Applications for administrative determinations or amendments","content":"### sec.145D Applications for administrative determinations or amendments\n\nA person may apply to the competent authority for—\nan administrative determination; or\nan amendment of an administrative determination.\nThe application must—\nbe in the approved form; and\nif the application is for an amendment of an administrative determination—be accompanied by the determination.\nThe competent authority may, by notice given to the applicant, ask the applicant to give to the competent authority the additional information reasonably necessary to decide the application.\ns 145D ins 2019 Act No. 7 s 142\n(sec.145D-ssec.1) A person may apply to the competent authority for— an administrative determination; or an amendment of an administrative determination.\n(sec.145D-ssec.2) The application must— be in the approved form; and if the application is for an amendment of an administrative determination—be accompanied by the determination.\n(sec.145D-ssec.3) The competent authority may, by notice given to the applicant, ask the applicant to give to the competent authority the additional information reasonably necessary to decide the application.\n- (a) an administrative determination; or\n- (b) an amendment of an administrative determination.\n- (a) be in the approved form; and\n- (b) if the application is for an amendment of an administrative determination—be accompanied by the determination.","sortOrder":213},{"sectionNumber":"sec.145E","sectionType":"section","heading":"Deciding applications","content":"### sec.145E Deciding applications\n\nThe competent authority must, after considering the application, decide—\nto make the administrative determination, or amendment, with or without conditions; or\nto refuse to make the administrative determination or amendment.\nThe competent authority must not make the administrative determination or amendment unless satisfied the determination or amendment ensures the safe and secure transport of the explosive the subject of the determination.\ns 145E ins 2019 Act No. 7 s 142\n(sec.145E-ssec.1) The competent authority must, after considering the application, decide— to make the administrative determination, or amendment, with or without conditions; or to refuse to make the administrative determination or amendment.\n(sec.145E-ssec.2) The competent authority must not make the administrative determination or amendment unless satisfied the determination or amendment ensures the safe and secure transport of the explosive the subject of the determination.\n- (a) to make the administrative determination, or amendment, with or without conditions; or\n- (b) to refuse to make the administrative determination or amendment.","sortOrder":214},{"sectionNumber":"sec.145F","sectionType":"section","heading":"Notice of decision","content":"### sec.145F Notice of decision\n\nIf the competent authority decides to make an administrative determination or amendment, the competent authority must give the administrative determination or amended administrative determination to—\nthe applicant; and\nany other person to whom the determination applies.\nIf the competent authority refuses to make the administrative determination or amendment, or makes the administrative determination or amendment subject to conditions, the competent authority must give an information notice for the decision to—\nthe applicant; and\nany other person—\nto whom the determination applies; or\nwho is named in the application as a person to whom the determination is to apply.\ns 145F ins 2019 Act No. 7 s 142\n(sec.145F-ssec.1) If the competent authority decides to make an administrative determination or amendment, the competent authority must give the administrative determination or amended administrative determination to— the applicant; and any other person to whom the determination applies.\n(sec.145F-ssec.2) If the competent authority refuses to make the administrative determination or amendment, or makes the administrative determination or amendment subject to conditions, the competent authority must give an information notice for the decision to— the applicant; and any other person— to whom the determination applies; or who is named in the application as a person to whom the determination is to apply.\n- (a) the applicant; and\n- (b) any other person to whom the determination applies.\n- (a) the applicant; and\n- (b) any other person— (i) to whom the determination applies; or (ii) who is named in the application as a person to whom the determination is to apply.\n- (i) to whom the determination applies; or\n- (ii) who is named in the application as a person to whom the determination is to apply.\n- (i) to whom the determination applies; or\n- (ii) who is named in the application as a person to whom the determination is to apply.","sortOrder":215},{"sectionNumber":"sec.145G","sectionType":"section","heading":"Form and term of administrative determinations","content":"### sec.145G Form and term of administrative determinations\n\nAn administrative determination must—\nbe in writing; and\nstate—\nthe person to whom the administrative determination applies; and\nthe explosive to which the administrative determination relates; and\nthe provisions of this part, and of the Australian dangerous goods code or the Australian explosives code, to which the administrative determination relates; and\nany conditions to which the administrative determination is subject; and\nthe term of the administrative determination.\nAt the end of the stated term, the administrative determination expires.\ns 145G ins 2019 Act No. 7 s 142\n(sec.145G-ssec.1) An administrative determination must— be in writing; and state— the person to whom the administrative determination applies; and the explosive to which the administrative determination relates; and the provisions of this part, and of the Australian dangerous goods code or the Australian explosives code, to which the administrative determination relates; and any conditions to which the administrative determination is subject; and the term of the administrative determination.\n(sec.145G-ssec.2) At the end of the stated term, the administrative determination expires.\n- (a) be in writing; and\n- (b) state— (i) the person to whom the administrative determination applies; and (ii) the explosive to which the administrative determination relates; and (iii) the provisions of this part, and of the Australian dangerous goods code or the Australian explosives code, to which the administrative determination relates; and (iv) any conditions to which the administrative determination is subject; and (v) the term of the administrative determination.\n- (i) the person to whom the administrative determination applies; and\n- (ii) the explosive to which the administrative determination relates; and\n- (iii) the provisions of this part, and of the Australian dangerous goods code or the Australian explosives code, to which the administrative determination relates; and\n- (iv) any conditions to which the administrative determination is subject; and\n- (v) the term of the administrative determination.\n- (i) the person to whom the administrative determination applies; and\n- (ii) the explosive to which the administrative determination relates; and\n- (iii) the provisions of this part, and of the Australian dangerous goods code or the Australian explosives code, to which the administrative determination relates; and\n- (iv) any conditions to which the administrative determination is subject; and\n- (v) the term of the administrative determination.","sortOrder":216},{"sectionNumber":"sec.145H","sectionType":"section","heading":"Replacement administrative determinations","content":"### sec.145H Replacement administrative determinations\n\nThe competent authority must give the holder of an administrative determination a replacement administrative determination if—\nthe administrative determination is amended under section 145K ; or\nthe competent authority is satisfied the determination has been defaced, destroyed, lost or stolen.\ns 145H ins 2019 Act No. 7 s 142\n- (a) the administrative determination is amended under section 145K ; or\n- (b) the competent authority is satisfied the determination has been defaced, destroyed, lost or stolen.","sortOrder":217},{"sectionNumber":"sec.145I","sectionType":"section","heading":"Grounds for amending, suspending or cancelling administrative determinations","content":"### sec.145I Grounds for amending, suspending or cancelling administrative determinations\n\nEach of the following is a ground for amending, suspending or cancelling an administrative determination—\nthe administrative determination was made because of incorrect or misleading information;\nthe holder of the administrative determination—\ncontravenes a condition of the determination; or\nis convicted of or charged with an offence against the Act or an Act of another State about explosives or another offence involving the use of explosives;\npublic safety has been endangered, or is likely to be endangered, because of the administrative determination;\na change in circumstances happened after the administrative determination was made and, had the changed circumstances existed when the determination was made, the determination would not have been made;\nthe amendment, suspension or cancellation is otherwise necessary in the public interest.\ns 145I ins 2019 Act No. 7 s 142\n- (a) the administrative determination was made because of incorrect or misleading information;\n- (b) the holder of the administrative determination— (i) contravenes a condition of the determination; or (ii) is convicted of or charged with an offence against the Act or an Act of another State about explosives or another offence involving the use of explosives;\n- (i) contravenes a condition of the determination; or\n- (ii) is convicted of or charged with an offence against the Act or an Act of another State about explosives or another offence involving the use of explosives;\n- (c) public safety has been endangered, or is likely to be endangered, because of the administrative determination;\n- (d) a change in circumstances happened after the administrative determination was made and, had the changed circumstances existed when the determination was made, the determination would not have been made;\n- (e) the amendment, suspension or cancellation is otherwise necessary in the public interest.\n- (i) contravenes a condition of the determination; or\n- (ii) is convicted of or charged with an offence against the Act or an Act of another State about explosives or another offence involving the use of explosives;","sortOrder":218},{"sectionNumber":"sec.145J","sectionType":"section","heading":"Notice of proposed action","content":"### sec.145J Notice of proposed action\n\nThis section applies if the competent authority considers there is a ground to amend, suspend or cancel an administrative determination (the proposed action ).\nBefore taking the proposed action, the competent authority must give the holder of the administrative determination a notice that states—\nthe proposed action; and\nthe grounds for the proposed action; and\nif the proposed action is to amend the administrative determination—the proposed amendment; and\nif the proposed action is to suspend the administrative determination—the proposed period of the suspension; and\nthat the holder may show, within a stated reasonable period (the submission period ) of at least 28 days after the notice is given to the holder, why the proposed action should not be taken.\nThis section does not apply in relation to—\nthe amendment or cancellation of an administrative determination asked for by the holder of the determination; or\nthe amendment of an administrative determination—\nfor a formal or clerical reason; or\nin another way that does not adversely affect the interests of the holder of the determination.\ns 145J ins 2019 Act No. 7 s 142\n(sec.145J-ssec.1) This section applies if the competent authority considers there is a ground to amend, suspend or cancel an administrative determination (the proposed action ).\n(sec.145J-ssec.2) Before taking the proposed action, the competent authority must give the holder of the administrative determination a notice that states— the proposed action; and the grounds for the proposed action; and if the proposed action is to amend the administrative determination—the proposed amendment; and if the proposed action is to suspend the administrative determination—the proposed period of the suspension; and that the holder may show, within a stated reasonable period (the submission period ) of at least 28 days after the notice is given to the holder, why the proposed action should not be taken.\n(sec.145J-ssec.3) This section does not apply in relation to— the amendment or cancellation of an administrative determination asked for by the holder of the determination; or the amendment of an administrative determination— for a formal or clerical reason; or in another way that does not adversely affect the interests of the holder of the determination.\n- (a) the proposed action; and\n- (b) the grounds for the proposed action; and\n- (c) if the proposed action is to amend the administrative determination—the proposed amendment; and\n- (d) if the proposed action is to suspend the administrative determination—the proposed period of the suspension; and\n- (e) that the holder may show, within a stated reasonable period (the submission period ) of at least 28 days after the notice is given to the holder, why the proposed action should not be taken.\n- (a) the amendment or cancellation of an administrative determination asked for by the holder of the determination; or\n- (b) the amendment of an administrative determination— (i) for a formal or clerical reason; or (ii) in another way that does not adversely affect the interests of the holder of the determination.\n- (i) for a formal or clerical reason; or\n- (ii) in another way that does not adversely affect the interests of the holder of the determination.\n- (i) for a formal or clerical reason; or\n- (ii) in another way that does not adversely affect the interests of the holder of the determination.","sortOrder":219},{"sectionNumber":"sec.145K","sectionType":"section","heading":"Amending, suspending or cancelling administrative determinations generally","content":"### sec.145K Amending, suspending or cancelling administrative determinations generally\n\nIf, after considering any written representations made within the submission period, the competent authority still considers a ground exists to take the proposed action, the competent authority may—\nif the proposed action was to amend the administrative determination—amend the determination; or\nif the proposed action was to suspend the administrative determination for a stated period—suspend the determination for no longer than the stated period; or\nif the proposed action was to cancel the administrative determination—\namend the administrative determination; or\nsuspend the administrative determination for a period; or\ncancel the administrative determination.\nThe competent authority must give the holder of the administrative determination a notice about the decision (a decision notice ).\nIf the competent authority decides to amend, suspend or cancel the administrative determination, the decision notice must be an information notice for the decision.\nThe decision takes effect on the day the decision notice is given to the holder or, if a later day is stated in the notice, the later day.\ns 145K ins 2019 Act No. 7 s 142\n(sec.145K-ssec.1) If, after considering any written representations made within the submission period, the competent authority still considers a ground exists to take the proposed action, the competent authority may— if the proposed action was to amend the administrative determination—amend the determination; or if the proposed action was to suspend the administrative determination for a stated period—suspend the determination for no longer than the stated period; or if the proposed action was to cancel the administrative determination— amend the administrative determination; or suspend the administrative determination for a period; or cancel the administrative determination.\n(sec.145K-ssec.2) The competent authority must give the holder of the administrative determination a notice about the decision (a decision notice ).\n(sec.145K-ssec.3) If the competent authority decides to amend, suspend or cancel the administrative determination, the decision notice must be an information notice for the decision.\n(sec.145K-ssec.4) The decision takes effect on the day the decision notice is given to the holder or, if a later day is stated in the notice, the later day.\n- (a) if the proposed action was to amend the administrative determination—amend the determination; or\n- (b) if the proposed action was to suspend the administrative determination for a stated period—suspend the determination for no longer than the stated period; or\n- (c) if the proposed action was to cancel the administrative determination— (i) amend the administrative determination; or (ii) suspend the administrative determination for a period; or (iii) cancel the administrative determination.\n- (i) amend the administrative determination; or\n- (ii) suspend the administrative determination for a period; or\n- (iii) cancel the administrative determination.\n- (i) amend the administrative determination; or\n- (ii) suspend the administrative determination for a period; or\n- (iii) cancel the administrative determination.","sortOrder":220},{"sectionNumber":"sec.145L","sectionType":"section","heading":"Suspension on conditions","content":"### sec.145L Suspension on conditions\n\nThis section applies if—\nan administrative determination is suspended under section 145K (1) (c) (ii) ; and\nthe grounds for taking action under that section are capable of being remedied by the holder of the administrative determination.\nThe suspension may be on condition that—\nthe holder remedy the grounds to the competent authority’s reasonable satisfaction within a reasonable time before the period of the suspension ends; and\nif the holder does not remedy the grounds under paragraph (a) , the competent authority may cancel the administrative determination under section 145M .\nIf a condition is imposed under subsection (2) , the decision notice must state that the administrative determination may be cancelled under section 145M if the holder does not comply with the condition.\ns 145L ins 2019 Act No. 7 s 142\n(sec.145L-ssec.1) This section applies if— an administrative determination is suspended under section 145K (1) (c) (ii) ; and the grounds for taking action under that section are capable of being remedied by the holder of the administrative determination.\n(sec.145L-ssec.2) The suspension may be on condition that— the holder remedy the grounds to the competent authority’s reasonable satisfaction within a reasonable time before the period of the suspension ends; and if the holder does not remedy the grounds under paragraph (a) , the competent authority may cancel the administrative determination under section 145M .\n(sec.145L-ssec.3) If a condition is imposed under subsection (2) , the decision notice must state that the administrative determination may be cancelled under section 145M if the holder does not comply with the condition.\n- (a) an administrative determination is suspended under section 145K (1) (c) (ii) ; and\n- (b) the grounds for taking action under that section are capable of being remedied by the holder of the administrative determination.\n- (a) the holder remedy the grounds to the competent authority’s reasonable satisfaction within a reasonable time before the period of the suspension ends; and\n- (b) if the holder does not remedy the grounds under paragraph (a) , the competent authority may cancel the administrative determination under section 145M .","sortOrder":221},{"sectionNumber":"sec.145M","sectionType":"section","heading":"Cancellation for failure to take remedial action","content":"### sec.145M Cancellation for failure to take remedial action\n\nThis section applies if the competent authority—\nsuspends an administrative determination on the condition mentioned in section 145L (2) ; and\nreasonably believes the holder of the administrative determination has not complied with the condition.\nThe competent authority may, by information notice given to the holder, cancel the administrative determination.\nThe cancellation takes effect on the day the information notice is given to the holder or, if a later day is stated in the notice, the later day.\ns 145M ins 2019 Act No. 7 s 142\n(sec.145M-ssec.1) This section applies if the competent authority— suspends an administrative determination on the condition mentioned in section 145L (2) ; and reasonably believes the holder of the administrative determination has not complied with the condition.\n(sec.145M-ssec.2) The competent authority may, by information notice given to the holder, cancel the administrative determination.\n(sec.145M-ssec.3) The cancellation takes effect on the day the information notice is given to the holder or, if a later day is stated in the notice, the later day.\n- (a) suspends an administrative determination on the condition mentioned in section 145L (2) ; and\n- (b) reasonably believes the holder of the administrative determination has not complied with the condition.","sortOrder":222},{"sectionNumber":"sec.145N","sectionType":"section","heading":"Immediate suspension of administrative determinations","content":"### sec.145N Immediate suspension of administrative determinations\n\nThis section applies if the competent authority considers it necessary in the public interest to immediately suspend an administrative determination.\nThe competent authority may immediately suspend the administrative determination without giving notice of the proposed suspension under section 145J (2) .\nHowever, the competent authority must immediately inform the holder of the administrative determination about the decision by giving the holder an information notice for the decision.\nThe suspension—\ntakes effect on the day the information notice is given to the holder of the administrative determination or, if a later day is stated in the notice, the later day; and\nends on the earlier of the following—\nthe day the competent authority, after complying with sections 145J (2) and 145K (1) , gives the holder a decision notice;\nthe day that is 56 days after the day the information notice is given to the holder under subsection (3) .\ns 145N ins 2019 Act No. 7 s 142\n(sec.145N-ssec.1) This section applies if the competent authority considers it necessary in the public interest to immediately suspend an administrative determination.\n(sec.145N-ssec.2) The competent authority may immediately suspend the administrative determination without giving notice of the proposed suspension under section 145J (2) .\n(sec.145N-ssec.3) However, the competent authority must immediately inform the holder of the administrative determination about the decision by giving the holder an information notice for the decision.\n(sec.145N-ssec.4) The suspension— takes effect on the day the information notice is given to the holder of the administrative determination or, if a later day is stated in the notice, the later day; and ends on the earlier of the following— the day the competent authority, after complying with sections 145J (2) and 145K (1) , gives the holder a decision notice; the day that is 56 days after the day the information notice is given to the holder under subsection (3) .\n- (a) takes effect on the day the information notice is given to the holder of the administrative determination or, if a later day is stated in the notice, the later day; and\n- (b) ends on the earlier of the following— (i) the day the competent authority, after complying with sections 145J (2) and 145K (1) , gives the holder a decision notice; (ii) the day that is 56 days after the day the information notice is given to the holder under subsection (3) .\n- (i) the day the competent authority, after complying with sections 145J (2) and 145K (1) , gives the holder a decision notice;\n- (ii) the day that is 56 days after the day the information notice is given to the holder under subsection (3) .\n- (i) the day the competent authority, after complying with sections 145J (2) and 145K (1) , gives the holder a decision notice;\n- (ii) the day that is 56 days after the day the information notice is given to the holder under subsection (3) .","sortOrder":223},{"sectionNumber":"sec.145O","sectionType":"section","heading":"Register of determinations— Act , s 51A","content":"### sec.145O Register of determinations— Act , s 51A\n\nFor section 51A (2) (d) of the Act , the competent authority must keep a register of determinations.\nThe register must include the following information for each determination—\nthe day the determination was made;\nthe explosive the subject of the determination;\nthe provisions of this part, and of the Australian dangerous goods code or the Australian explosives code, to which the determination relates;\nwhether the determination is an administrative determination and, if so, the provisions of the determination;\nif the determination is amended—the day the amendment was made and details of the amendment;\nif the determination is suspended—the period of the suspension;\nif the determination is cancelled—the day it was cancelled.\nThe register must be kept in the way decided by the competent authority.\nThe competent authority must ensure the register is available for inspection by the public, including, for example, by ensuring there is reasonable access to—\ncopies of information in the register; or\na computer terminal to inspect the register.\ns 145O ins 2019 Act No. 7 s 142\n(sec.145O-ssec.1) For section 51A (2) (d) of the Act , the competent authority must keep a register of determinations.\n(sec.145O-ssec.2) The register must include the following information for each determination— the day the determination was made; the explosive the subject of the determination; the provisions of this part, and of the Australian dangerous goods code or the Australian explosives code, to which the determination relates; whether the determination is an administrative determination and, if so, the provisions of the determination; if the determination is amended—the day the amendment was made and details of the amendment; if the determination is suspended—the period of the suspension; if the determination is cancelled—the day it was cancelled.\n(sec.145O-ssec.3) The register must be kept in the way decided by the competent authority.\n(sec.145O-ssec.4) The competent authority must ensure the register is available for inspection by the public, including, for example, by ensuring there is reasonable access to— copies of information in the register; or a computer terminal to inspect the register.\n- (a) the day the determination was made;\n- (b) the explosive the subject of the determination;\n- (c) the provisions of this part, and of the Australian dangerous goods code or the Australian explosives code, to which the determination relates;\n- (d) whether the determination is an administrative determination and, if so, the provisions of the determination;\n- (e) if the determination is amended—the day the amendment was made and details of the amendment;\n- (f) if the determination is suspended—the period of the suspension;\n- (g) if the determination is cancelled—the day it was cancelled.\n- (a) copies of information in the register; or\n- (b) a computer terminal to inspect the register.","sortOrder":224},{"sectionNumber":"pt.9-div.8","sectionType":"division","heading":null,"content":"","sortOrder":225},{"sectionNumber":"sec.145P","sectionType":"section","heading":null,"content":"### Section sec.145P\n\ns 145P ins 2018 SL No. 27 s 5\nom 2020 SL No. 170 s 10","sortOrder":226},{"sectionNumber":"sec.145Q","sectionType":"section","heading":null,"content":"### Section sec.145Q\n\ns 145Q ins 2018 SL No. 27 s 5\nom 2020 SL No. 170 s 10","sortOrder":227},{"sectionNumber":"sec.145R","sectionType":"section","heading":null,"content":"### Section sec.145R\n\ns 145R ins 2018 SL No. 27 s 5\nom 2020 SL No. 170 s 10","sortOrder":228},{"sectionNumber":"pt.10","sectionType":"part","heading":"Using explosives","content":"# Using explosives","sortOrder":229},{"sectionNumber":"pt.10-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":230},{"sectionNumber":"sec.146","sectionType":"section","heading":"Explosives to which s 53 (1) of Act does not apply","content":"### sec.146 Explosives to which s 53 (1) of Act does not apply\n\nFor section 53 (2) of the Act , the following explosives are prescribed—\nan unrestricted firework;\nsmall arms ammunition used by a person licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;\na power device cartridge;\nan explosive designed to activate an airbag, seatbelt, fire extinguisher, parachute or another safety device used for preserving life;\nan electric match;\na safety fuse or igniter;\nblack powder used as a propellant for a firearm by a person licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;\nblack powder used in a cannon\na distress signal used in an emergency situation;\nan explosive manufactured as mentioned in section 38 (2) (a) of the Act .\nSubsection (1) applies only if the explosive is used for the purpose for which it was manufactured.\n(sec.146-ssec.1) For section 53 (2) of the Act , the following explosives are prescribed— an unrestricted firework; small arms ammunition used by a person licensed or otherwise authorised under the Weapons Act 1990 to use a firearm; a power device cartridge; an explosive designed to activate an airbag, seatbelt, fire extinguisher, parachute or another safety device used for preserving life; an electric match; a safety fuse or igniter; black powder used as a propellant for a firearm by a person licensed or otherwise authorised under the Weapons Act 1990 to use a firearm; black powder used in a cannon a distress signal used in an emergency situation; an explosive manufactured as mentioned in section 38 (2) (a) of the Act .\n(sec.146-ssec.2) Subsection (1) applies only if the explosive is used for the purpose for which it was manufactured.\n- (a) an unrestricted firework;\n- (b) small arms ammunition used by a person licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;\n- (c) a power device cartridge;\n- (d) an explosive designed to activate an airbag, seatbelt, fire extinguisher, parachute or another safety device used for preserving life;\n- (e) an electric match;\n- (f) a safety fuse or igniter;\n- (g) black powder used as a propellant for a firearm by a person licensed or otherwise authorised under the Weapons Act 1990 to use a firearm; Example of use of black powder as a propellant— black powder used in a cannon\n- (h) a distress signal used in an emergency situation;\n- (i) an explosive manufactured as mentioned in section 38 (2) (a) of the Act .","sortOrder":231},{"sectionNumber":"sec.147","sectionType":"section","heading":"Employer’s obligations about employees engaged in using explosives","content":"### sec.147 Employer’s obligations about employees engaged in using explosives\n\nThis section applies to the holder of a prescribed licence who employs another person to assist the holder in carrying out activities under the licence.\na fireworks contractor who employs a person to assist the fireworks contractor in organising fireworks displays\nFor section 33 (2) of the Act , the holder must be reasonably satisfied the employee—\nhas received adequate training in the hazards associated with handling prescribed explosives; and\nhas satisfactory knowledge of the requirements under the Act about handling prescribed explosives; and\nis competent to assist the holder in carrying out the activities; and\nIn this section—\nprescribed explosives means—\nif the holder of the prescribed licence is a fireworks contractor or a fireworks operator—fireworks; or\notherwise—explosives.\nprescribed licence means—\na licence to use explosives; or\na fireworks contractor licence; or\na fireworks operator licence.\ns 147 amd 2019 Act No. 7 s 143\n(sec.147-ssec.1) This section applies to the holder of a prescribed licence who employs another person to assist the holder in carrying out activities under the licence. a fireworks contractor who employs a person to assist the fireworks contractor in organising fireworks displays\n(sec.147-ssec.2) For section 33 (2) of the Act , the holder must be reasonably satisfied the employee— has received adequate training in the hazards associated with handling prescribed explosives; and has satisfactory knowledge of the requirements under the Act about handling prescribed explosives; and is competent to assist the holder in carrying out the activities; and\n(sec.147-ssec.3) In this section— prescribed explosives means— if the holder of the prescribed licence is a fireworks contractor or a fireworks operator—fireworks; or otherwise—explosives. prescribed licence means— a licence to use explosives; or a fireworks contractor licence; or a fireworks operator licence.\n- (a) has received adequate training in the hazards associated with handling prescribed explosives; and\n- (b) has satisfactory knowledge of the requirements under the Act about handling prescribed explosives; and\n- (c) is competent to assist the holder in carrying out the activities; and\n- (a) if the holder of the prescribed licence is a fireworks contractor or a fireworks operator—fireworks; or\n- (b) otherwise—explosives.\n- (a) a licence to use explosives; or\n- (b) a fireworks contractor licence; or\n- (c) a fireworks operator licence.","sortOrder":232},{"sectionNumber":"pt.10-div.2","sectionType":"division","heading":"Use of blasting explosives","content":"## Use of blasting explosives","sortOrder":233},{"sectionNumber":"sec.148","sectionType":"section","heading":"Definitions for division","content":"### sec.148 Definitions for division\n\nIn this division—\nprescribed shotfirer means—\nthe holder of a shotfirer licence; or\na person appointed as a shotfirer by—\nfor an underground mine—the underground mine manager of the mine; or\nfor another mine, including a quarry—the site senior executive for the mine.\nsite senior executive —\nfor a coal mine—see the Coal Mining Safety and Health Act 1999 , section 25 ; or\nfor another mine, including a quarry—see the Mining and Quarrying Safety and Health Act 1999 , section 22 .\nunderground mine —\nin relation to a coal mine—see the Coal Mining Safety and Health Act 1999 , schedule 3 ; or\nin relation to another mine, including a quarry—see the Mining and Quarrying Safety and Health Act 1999 , schedule 2 .\nunderground mine manager , of an underground mine, means a person appointed by the site senior executive for the mine to control and manage the mine.\n- (a) the holder of a shotfirer licence; or\n- (b) a person appointed as a shotfirer by— (i) for an underground mine—the underground mine manager of the mine; or (ii) for another mine, including a quarry—the site senior executive for the mine.\n- (i) for an underground mine—the underground mine manager of the mine; or\n- (ii) for another mine, including a quarry—the site senior executive for the mine.\n- (i) for an underground mine—the underground mine manager of the mine; or\n- (ii) for another mine, including a quarry—the site senior executive for the mine.\n- (a) for a coal mine—see the Coal Mining Safety and Health Act 1999 , section 25 ; or\n- (b) for another mine, including a quarry—see the Mining and Quarrying Safety and Health Act 1999 , section 22 .\n- (a) in relation to a coal mine—see the Coal Mining Safety and Health Act 1999 , schedule 3 ; or\n- (b) in relation to another mine, including a quarry—see the Mining and Quarrying Safety and Health Act 1999 , schedule 2 .","sortOrder":234},{"sectionNumber":"sec.149","sectionType":"section","heading":"Explosives to which s 53 (1) of the Act does not apply","content":"### sec.149 Explosives to which s 53 (1) of the Act does not apply\n\nFor section 53 (2) of the Act , a blasting explosive used by either of the following persons is prescribed—\na person who is appointed as a shotfirer by—\nfor an underground mine—the underground mine manager of the mine; or\nfor another mine, including a quarry—the site senior executive for the mine;\na person who is in the presence, and under the direct supervision, of a prescribed shotfirer.\n- (a) a person who is appointed as a shotfirer by— (i) for an underground mine—the underground mine manager of the mine; or (ii) for another mine, including a quarry—the site senior executive for the mine;\n- (i) for an underground mine—the underground mine manager of the mine; or\n- (ii) for another mine, including a quarry—the site senior executive for the mine;\n- (b) a person who is in the presence, and under the direct supervision, of a prescribed shotfirer.\n- (i) for an underground mine—the underground mine manager of the mine; or\n- (ii) for another mine, including a quarry—the site senior executive for the mine;","sortOrder":235},{"sectionNumber":"sec.150","sectionType":"section","heading":"Restriction on appointing shotfirer","content":"### sec.150 Restriction on appointing shotfirer\n\nThe site senior executive for a mine, or an underground mine manager of an underground mine, must not appoint a person as a shotfirer for the mine unless the executive or manager is reasonably satisfied the person meets the criteria stated in section 37 (1) (a) to (e) .\nMaximum penalty—50 penalty units.","sortOrder":236},{"sectionNumber":"sec.151","sectionType":"section","heading":"Restriction on allowing supervised person to use blasting explosives","content":"### sec.151 Restriction on allowing supervised person to use blasting explosives\n\nA responsible person must not allow a person (a supervised person ) who does not hold an authority authorising the person to use blasting explosives to use a blasting explosive in the presence, and under the direct supervision, of a prescribed shotfirer unless the responsible person is satisfied the supervised person—\nis an adult; and\nis physically able to carry out blasting activities; and\nhas satisfactory knowledge of—\nthe requirements under the Act in relation to the blasting activities being carried out; and\nthe hazards associated with the blasting activities.\nMaximum penalty—50 penalty units.\nFor subsection (1) , the responsible person is—\nif the prescribed shotfirer is the holder of a shotfirer licence—the holder; or\nif the prescribed shotfirer is a person appointed as a shotfirer for a mine—the site senior executive for the mine or the underground mine manager of the underground mine.\n(sec.151-ssec.1) A responsible person must not allow a person (a supervised person ) who does not hold an authority authorising the person to use blasting explosives to use a blasting explosive in the presence, and under the direct supervision, of a prescribed shotfirer unless the responsible person is satisfied the supervised person— is an adult; and is physically able to carry out blasting activities; and has satisfactory knowledge of— the requirements under the Act in relation to the blasting activities being carried out; and the hazards associated with the blasting activities. Maximum penalty—50 penalty units.\n(sec.151-ssec.2) For subsection (1) , the responsible person is— if the prescribed shotfirer is the holder of a shotfirer licence—the holder; or if the prescribed shotfirer is a person appointed as a shotfirer for a mine—the site senior executive for the mine or the underground mine manager of the underground mine.\n- (a) is an adult; and\n- (b) is physically able to carry out blasting activities; and\n- (c) has satisfactory knowledge of— (i) the requirements under the Act in relation to the blasting activities being carried out; and (ii) the hazards associated with the blasting activities.\n- (i) the requirements under the Act in relation to the blasting activities being carried out; and\n- (ii) the hazards associated with the blasting activities.\n- (i) the requirements under the Act in relation to the blasting activities being carried out; and\n- (ii) the hazards associated with the blasting activities.\n- (a) if the prescribed shotfirer is the holder of a shotfirer licence—the holder; or\n- (b) if the prescribed shotfirer is a person appointed as a shotfirer for a mine—the site senior executive for the mine or the underground mine manager of the underground mine.","sortOrder":237},{"sectionNumber":"sec.152","sectionType":"section","heading":"Use of blasting explosives","content":"### sec.152 Use of blasting explosives\n\nA prescribed shotfirer—\nmust use a blasting explosive as required under—\nAS 2187, part 2 ; or\nalternative safety and security measures for the standard; and\nmust take all reasonable steps to—\nprevent misfires; and\nminimise the risk associated with material projected by a blast; and\nminimise the adverse effects of ground vibration and shock waves caused by a blast; and\nensure the security of an explosive used in blasting activities; and\nmust not use an explosive after the expiry of the manufacturer’s recommended shelf life for the explosive unless the explosive was sold to the shotfirer after the expiry as mentioned in section 84 (2) (b) (ii) .\nMaximum penalty—100 penalty units.\ns 152 amd 2019 Act No. 7 s 144\n- (a) must use a blasting explosive as required under— (i) AS 2187, part 2 ; or (ii) alternative safety and security measures for the standard; and\n- (i) AS 2187, part 2 ; or\n- (ii) alternative safety and security measures for the standard; and\n- (b) must take all reasonable steps to— (i) prevent misfires; and (ii) minimise the risk associated with material projected by a blast; and (iii) minimise the adverse effects of ground vibration and shock waves caused by a blast; and (iv) ensure the security of an explosive used in blasting activities; and\n- (i) prevent misfires; and\n- (ii) minimise the risk associated with material projected by a blast; and\n- (iii) minimise the adverse effects of ground vibration and shock waves caused by a blast; and\n- (iv) ensure the security of an explosive used in blasting activities; and\n- (c) must not use an explosive after the expiry of the manufacturer’s recommended shelf life for the explosive unless the explosive was sold to the shotfirer after the expiry as mentioned in section 84 (2) (b) (ii) .\n- (i) AS 2187, part 2 ; or\n- (ii) alternative safety and security measures for the standard; and\n- (i) prevent misfires; and\n- (ii) minimise the risk associated with material projected by a blast; and\n- (iii) minimise the adverse effects of ground vibration and shock waves caused by a blast; and\n- (iv) ensure the security of an explosive used in blasting activities; and","sortOrder":238},{"sectionNumber":"sec.153","sectionType":"section","heading":"Record keeping","content":"### sec.153 Record keeping\n\nA prescribed shotfirer must keep—\na record of the amount and type of explosives purchased and used by the shotfirer; and\na record of each blast carried out by the shotfirer, as required under AS 2187, part 2 .\nMaximum penalty—50 penalty units.\n- (a) a record of the amount and type of explosives purchased and used by the shotfirer; and\n- (b) a record of each blast carried out by the shotfirer, as required under AS 2187, part 2 .","sortOrder":239},{"sectionNumber":"sec.154","sectionType":"section","heading":"Notice of proposed blasting","content":"### sec.154 Notice of proposed blasting\n\nThe holder of a shotfirer licence must give an inspector notice under subsection (2) of a proposed blasting, other than a blasting at a mine or an explosives factory.\nMaximum penalty—50 penalty units.\nThe notice—\nmust be given at least 7 days before the proposed blasting is carried out; and\nmust include the following—\nthe holder’s name and licence number;\nthe location of the proposed blasting, including the approximate distance to any protected works, within the meaning of AS 2187, part 0, within 1km of the location;\nhouses, buildings, roads, railway tracks\nthe day or days on which the proposed blasting will be carried out;\na copy of any written authority for the blasting issued by the local government in whose local government area the proposed blasting will be carried out.\n(sec.154-ssec.1) The holder of a shotfirer licence must give an inspector notice under subsection (2) of a proposed blasting, other than a blasting at a mine or an explosives factory. Maximum penalty—50 penalty units.\n(sec.154-ssec.2) The notice— must be given at least 7 days before the proposed blasting is carried out; and must include the following— the holder’s name and licence number; the location of the proposed blasting, including the approximate distance to any protected works, within the meaning of AS 2187, part 0, within 1km of the location; houses, buildings, roads, railway tracks the day or days on which the proposed blasting will be carried out; a copy of any written authority for the blasting issued by the local government in whose local government area the proposed blasting will be carried out.\n- (a) must be given at least 7 days before the proposed blasting is carried out; and\n- (b) must include the following— (i) the holder’s name and licence number; (ii) the location of the proposed blasting, including the approximate distance to any protected works, within the meaning of AS 2187, part 0, within 1km of the location; Examples of protected works— houses, buildings, roads, railway tracks (iii) the day or days on which the proposed blasting will be carried out; (iv) a copy of any written authority for the blasting issued by the local government in whose local government area the proposed blasting will be carried out.\n- (i) the holder’s name and licence number;\n- (ii) the location of the proposed blasting, including the approximate distance to any protected works, within the meaning of AS 2187, part 0, within 1km of the location; Examples of protected works— houses, buildings, roads, railway tracks\n- (iii) the day or days on which the proposed blasting will be carried out;\n- (iv) a copy of any written authority for the blasting issued by the local government in whose local government area the proposed blasting will be carried out.\n- (i) the holder’s name and licence number;\n- (ii) the location of the proposed blasting, including the approximate distance to any protected works, within the meaning of AS 2187, part 0, within 1km of the location; Examples of protected works— houses, buildings, roads, railway tracks\n- (iii) the day or days on which the proposed blasting will be carried out;\n- (iv) a copy of any written authority for the blasting issued by the local government in whose local government area the proposed blasting will be carried out.","sortOrder":240},{"sectionNumber":"sec.155","sectionType":"section","heading":"Notice of proposed blasting","content":"### sec.155 Notice of proposed blasting\n\nThe holder of a licence to use explosives must give an inspector notice under subsection (2) of a proposed blasting that is likely to pose a risk to public safety.\nMaximum penalty—50 penalty units.\nThe notice—\nmust be given at least 7 days before the proposed blasting is carried out; and\nmust include the following—\nthe holder’s name and licence number;\nthe location of the proposed blasting, including the approximate distance to any protected works, within the meaning of AS 2187, part 0, within 1km of the location;\nhouses, buildings, roads, railway tracks\nthe day or days on which the proposed blasting will be carried out;\na copy of any written authority for the blasting issued by the local government in whose local government area the proposed blasting will be carried out.\n(sec.155-ssec.1) The holder of a licence to use explosives must give an inspector notice under subsection (2) of a proposed blasting that is likely to pose a risk to public safety. Maximum penalty—50 penalty units.\n(sec.155-ssec.2) The notice— must be given at least 7 days before the proposed blasting is carried out; and must include the following— the holder’s name and licence number; the location of the proposed blasting, including the approximate distance to any protected works, within the meaning of AS 2187, part 0, within 1km of the location; houses, buildings, roads, railway tracks the day or days on which the proposed blasting will be carried out; a copy of any written authority for the blasting issued by the local government in whose local government area the proposed blasting will be carried out.\n- (a) must be given at least 7 days before the proposed blasting is carried out; and\n- (b) must include the following— (i) the holder’s name and licence number; (ii) the location of the proposed blasting, including the approximate distance to any protected works, within the meaning of AS 2187, part 0, within 1km of the location; Examples of protected works— houses, buildings, roads, railway tracks (iii) the day or days on which the proposed blasting will be carried out; (iv) a copy of any written authority for the blasting issued by the local government in whose local government area the proposed blasting will be carried out.\n- (i) the holder’s name and licence number;\n- (ii) the location of the proposed blasting, including the approximate distance to any protected works, within the meaning of AS 2187, part 0, within 1km of the location; Examples of protected works— houses, buildings, roads, railway tracks\n- (iii) the day or days on which the proposed blasting will be carried out;\n- (iv) a copy of any written authority for the blasting issued by the local government in whose local government area the proposed blasting will be carried out.\n- (i) the holder’s name and licence number;\n- (ii) the location of the proposed blasting, including the approximate distance to any protected works, within the meaning of AS 2187, part 0, within 1km of the location; Examples of protected works— houses, buildings, roads, railway tracks\n- (iii) the day or days on which the proposed blasting will be carried out;\n- (iv) a copy of any written authority for the blasting issued by the local government in whose local government area the proposed blasting will be carried out.","sortOrder":241},{"sectionNumber":"pt.10-div.3","sectionType":"division","heading":"Use of fireworks","content":"## Use of fireworks","sortOrder":242},{"sectionNumber":"sec.156","sectionType":"section","heading":"Application of division","content":"### sec.156 Application of division\n\nThis division applies in relation to an indoor or outdoor display of fireworks (a fireworks display ) staged for entertainment.\nHowever, this division does not apply if only unrestricted fireworks are used in the display.\n(sec.156-ssec.1) This division applies in relation to an indoor or outdoor display of fireworks (a fireworks display ) staged for entertainment.\n(sec.156-ssec.2) However, this division does not apply if only unrestricted fireworks are used in the display.","sortOrder":243},{"sectionNumber":"sec.157","sectionType":"section","heading":"Meaning of display host","content":"### sec.157 Meaning of display host\n\nThe display host , for a fireworks display, is the person who employs or otherwise engages a fireworks contractor to organise the fireworks display for the person.\nSee subdivision 3 for the requirements that apply to display hosts.","sortOrder":244},{"sectionNumber":"sec.158","sectionType":"section","heading":"Meaning of fireworks contractor","content":"### sec.158 Meaning of fireworks contractor\n\nThe fireworks contractor , for a fireworks display, is the person who—\nholds a fireworks contractor licence; and\nis employed or otherwise engaged by the display host for the fireworks display to organise the display.\nSee subdivision 4 for the requirements that apply to fireworks contractors.\n- (a) holds a fireworks contractor licence; and\n- (b) is employed or otherwise engaged by the display host for the fireworks display to organise the display.","sortOrder":245},{"sectionNumber":"sec.159","sectionType":"section","heading":"Meaning of fireworks operator","content":"### sec.159 Meaning of fireworks operator\n\nA fireworks operator , for a fireworks display, is a person employed or otherwise engaged by the fireworks contractor for the fireworks display to use fireworks in the display.\nSee subdivision 5 for the requirements that apply to fireworks operators.","sortOrder":246},{"sectionNumber":"sec.160","sectionType":"section","heading":"Meaning of organise fireworks display","content":"### sec.160 Meaning of organise fireworks display\n\nA person organises a fireworks display if the person does any of the following—\nplans and designs the fireworks display for the display host for the fireworks display;\nadvises the display host for the fireworks display about safety and security requirements for the display;\nemploys or otherwise engages 1 or more fireworks operators to use fireworks in the fireworks display;\npurchases or otherwise obtains fireworks for use in the fireworks display, and supplies the fireworks to the fireworks operators for the fireworks display;\ndirects the fireworks operators about using fireworks in the fireworks display.\ns 160 amd 2019 Act No. 7 s 145\n- (a) plans and designs the fireworks display for the display host for the fireworks display;\n- (b) advises the display host for the fireworks display about safety and security requirements for the display;\n- (c) employs or otherwise engages 1 or more fireworks operators to use fireworks in the fireworks display;\n- (d) purchases or otherwise obtains fireworks for use in the fireworks display, and supplies the fireworks to the fireworks operators for the fireworks display;\n- (e) directs the fireworks operators about using fireworks in the fireworks display.","sortOrder":247},{"sectionNumber":"sec.161","sectionType":"section","heading":"Meaning of use fireworks in fireworks display","content":"### sec.161 Meaning of use fireworks in fireworks display\n\nA person uses fireworks in a fireworks display if the person does any of the following—\nassembles the fireworks and equipment to be used in the fireworks display;\ndischarges the fireworks during the fireworks display;\ndisassembles the equipment after the fireworks display.\n- (a) assembles the fireworks and equipment to be used in the fireworks display;\n- (b) discharges the fireworks during the fireworks display;\n- (c) disassembles the equipment after the fireworks display.","sortOrder":248},{"sectionNumber":"sec.162","sectionType":"section","heading":"Meaning of safety and security requirements for fireworks display","content":"### sec.162 Meaning of safety and security requirements for fireworks display\n\nThe safety and security requirements , for a fireworks display, are—\nfor an outdoor fireworks display—\nthe requirements stated in the Queensland fireworks code; or\nalternative safety and security measures for the code; or\nfor another fireworks display, any condition of—\nthe fireworks contractor licence of the fireworks contractor for the fireworks display; or\nthe fireworks operator licence of a fireworks operator for the fireworks display.\ns 162 amd 2019 Act No. 7 s 146\n- (a) for an outdoor fireworks display— (i) the requirements stated in the Queensland fireworks code; or (ii) alternative safety and security measures for the code; or\n- (i) the requirements stated in the Queensland fireworks code; or\n- (ii) alternative safety and security measures for the code; or\n- (b) for another fireworks display, any condition of— (i) the fireworks contractor licence of the fireworks contractor for the fireworks display; or (ii) the fireworks operator licence of a fireworks operator for the fireworks display.\n- (i) the fireworks contractor licence of the fireworks contractor for the fireworks display; or\n- (ii) the fireworks operator licence of a fireworks operator for the fireworks display.\n- (i) the requirements stated in the Queensland fireworks code; or\n- (ii) alternative safety and security measures for the code; or\n- (i) the fireworks contractor licence of the fireworks contractor for the fireworks display; or\n- (ii) the fireworks operator licence of a fireworks operator for the fireworks display.","sortOrder":249},{"sectionNumber":"sec.163","sectionType":"section","heading":"Prohibition on organising fireworks display","content":"### sec.163 Prohibition on organising fireworks display\n\nA person must not organise a fireworks display unless the person is a fireworks contractor.\nMaximum penalty—100 penalty units.","sortOrder":250},{"sectionNumber":"sec.164","sectionType":"section","heading":"False representations about holding fireworks contractor licence","content":"### sec.164 False representations about holding fireworks contractor licence\n\nA person must not intentionally or recklessly falsely represent that the person holds a fireworks contractor licence.\nMaximum penalty—100 penalty units.","sortOrder":251},{"sectionNumber":"sec.165","sectionType":"section","heading":"Prohibition on using fireworks in fireworks displays","content":"### sec.165 Prohibition on using fireworks in fireworks displays\n\nA person must not use a firework, other than an unrestricted firework, in a fireworks display unless the person is a fireworks operator who is authorised to use the firework.\nMaximum penalty—100 penalty units.","sortOrder":252},{"sectionNumber":"sec.166","sectionType":"section","heading":"Display hosts’ obligations about safety and security of fireworks displays","content":"### sec.166 Display hosts’ obligations about safety and security of fireworks displays\n\nThe display host for a fireworks display must not allow the fireworks display to be staged if the display host knows, or ought reasonably to know, the display will not comply with the safety and security requirements for the display.\nMaximum penalty—200 penalty units.\ns 166 amd 2019 Act No. 7 s 147","sortOrder":253},{"sectionNumber":"sec.167","sectionType":"section","heading":"Public risk insurance","content":"### sec.167 Public risk insurance\n\nThe fireworks contractor for a fireworks display must maintain public risk insurance providing coverage, of at least $5,000,000, for amounts the fireworks contractor becomes liable to pay as a result of the display for—\ncompensation for death or bodily injury; or\ndamage to property.\nMaximum penalty—50 penalty units.\nHowever, the fireworks contractor need not comply with subsection (1) if the display host for the fireworks display maintains public risk insurance that—\nprovides coverage for amounts the display host becomes liable to pay as a result of the fireworks display; and\notherwise complies with subsection (1) .\n(sec.167-ssec.1) The fireworks contractor for a fireworks display must maintain public risk insurance providing coverage, of at least $5,000,000, for amounts the fireworks contractor becomes liable to pay as a result of the display for— compensation for death or bodily injury; or damage to property. Maximum penalty—50 penalty units.\n(sec.167-ssec.2) However, the fireworks contractor need not comply with subsection (1) if the display host for the fireworks display maintains public risk insurance that— provides coverage for amounts the display host becomes liable to pay as a result of the fireworks display; and otherwise complies with subsection (1) .\n- (a) compensation for death or bodily injury; or\n- (b) damage to property.\n- (a) provides coverage for amounts the display host becomes liable to pay as a result of the fireworks display; and\n- (b) otherwise complies with subsection (1) .","sortOrder":254},{"sectionNumber":"sec.168","sectionType":"section","heading":"Fireworks contractor’s obligations about safety and security of fireworks display","content":"### sec.168 Fireworks contractor’s obligations about safety and security of fireworks display\n\nThe fireworks contractor for a fireworks display must, before the fireworks display is staged, give the display host for the fireworks display a notice that states that—\nthe fireworks contractor must ensure the fireworks display meets the safety and security requirements for the display; and\nthe display host commits an offence if the display host—\nallows the fireworks display to be staged; and\nknows, or ought reasonably to know, the fireworks display does not comply with the safety and security requirements for the display.\nMaximum penalty—50 penalty units.\nThe fireworks contractor must ensure the fireworks display meets the safety and security requirements for the display.\nMaximum penalty—200 penalty units.\ns 168 amd 2019 Act No. 7 s 148\n(sec.168-ssec.1) The fireworks contractor for a fireworks display must, before the fireworks display is staged, give the display host for the fireworks display a notice that states that— the fireworks contractor must ensure the fireworks display meets the safety and security requirements for the display; and the display host commits an offence if the display host— allows the fireworks display to be staged; and knows, or ought reasonably to know, the fireworks display does not comply with the safety and security requirements for the display. Maximum penalty—50 penalty units.\n(sec.168-ssec.2) The fireworks contractor must ensure the fireworks display meets the safety and security requirements for the display. Maximum penalty—200 penalty units.\n- (a) the fireworks contractor must ensure the fireworks display meets the safety and security requirements for the display; and\n- (b) the display host commits an offence if the display host— (i) allows the fireworks display to be staged; and (ii) knows, or ought reasonably to know, the fireworks display does not comply with the safety and security requirements for the display.\n- (i) allows the fireworks display to be staged; and\n- (ii) knows, or ought reasonably to know, the fireworks display does not comply with the safety and security requirements for the display.\n- (i) allows the fireworks display to be staged; and\n- (ii) knows, or ought reasonably to know, the fireworks display does not comply with the safety and security requirements for the display.","sortOrder":255},{"sectionNumber":"sec.169","sectionType":"section","heading":"Notice of fireworks display to be given to inspector","content":"### sec.169 Notice of fireworks display to be given to inspector\n\nThe fireworks contractor for a fireworks display must give an inspector notice, in the approved form, at least 7 days before the display is staged.\nMaximum penalty—50 penalty units.\nThe approved form must provide for the inclusion of the following—\nthe proposed day, time and duration of the fireworks display;\ndetails of the place from which the fireworks display is to be staged;\ndetails of the fireworks to be used in the fireworks display;\nthe size of the fireworks\nwhether the fireworks are ground level fireworks or aerial fireworks\nwhether the fireworks are close proximity fireworks\nthe name of the person from whom the fireworks contractor has obtained, or will obtain, the fireworks;\nfor each fireworks operator for the fireworks display—\nthe operator’s name; and\nthe licence number of the operator’s fireworks operator licence;\ndetails of the public risk insurance held for the fireworks display, including—\nthe name of the insurer; and\nthe name of the insured party; and\nthe policy number.\nThe fireworks contractor must ensure the fireworks display is staged in accordance with the details stated in the notice.\nMaximum penalty—200 penalty units.\n(sec.169-ssec.1) The fireworks contractor for a fireworks display must give an inspector notice, in the approved form, at least 7 days before the display is staged. Maximum penalty—50 penalty units.\n(sec.169-ssec.2) The approved form must provide for the inclusion of the following— the proposed day, time and duration of the fireworks display; details of the place from which the fireworks display is to be staged; details of the fireworks to be used in the fireworks display; the size of the fireworks whether the fireworks are ground level fireworks or aerial fireworks whether the fireworks are close proximity fireworks the name of the person from whom the fireworks contractor has obtained, or will obtain, the fireworks; for each fireworks operator for the fireworks display— the operator’s name; and the licence number of the operator’s fireworks operator licence; details of the public risk insurance held for the fireworks display, including— the name of the insurer; and the name of the insured party; and the policy number.\n(sec.169-ssec.3) The fireworks contractor must ensure the fireworks display is staged in accordance with the details stated in the notice. Maximum penalty—200 penalty units.\n- (a) the proposed day, time and duration of the fireworks display;\n- (b) details of the place from which the fireworks display is to be staged;\n- (c) details of the fireworks to be used in the fireworks display; Examples of details of fireworks— • the size of the fireworks • whether the fireworks are ground level fireworks or aerial fireworks • whether the fireworks are close proximity fireworks\n- • the size of the fireworks\n- • whether the fireworks are ground level fireworks or aerial fireworks\n- • whether the fireworks are close proximity fireworks\n- (d) the name of the person from whom the fireworks contractor has obtained, or will obtain, the fireworks;\n- (e) for each fireworks operator for the fireworks display— (i) the operator’s name; and (ii) the licence number of the operator’s fireworks operator licence;\n- (i) the operator’s name; and\n- (ii) the licence number of the operator’s fireworks operator licence;\n- (f) details of the public risk insurance held for the fireworks display, including— (i) the name of the insurer; and (ii) the name of the insured party; and (iii) the policy number.\n- (i) the name of the insurer; and\n- (ii) the name of the insured party; and\n- (iii) the policy number.\n- • the size of the fireworks\n- • whether the fireworks are ground level fireworks or aerial fireworks\n- • whether the fireworks are close proximity fireworks\n- (i) the operator’s name; and\n- (ii) the licence number of the operator’s fireworks operator licence;\n- (i) the name of the insurer; and\n- (ii) the name of the insured party; and\n- (iii) the policy number.","sortOrder":256},{"sectionNumber":"sec.170","sectionType":"section","heading":"Notice of fireworks display to be given to emergency services etc.","content":"### sec.170 Notice of fireworks display to be given to emergency services etc.\n\nThe fireworks contractor for a fireworks display must, before the fireworks display is staged, give notice of the fireworks display to—\nQueensland Fire and Rescue or Rural Fire Service Queensland under the Fire Services Act 1990 ; and\nany other person to whom notice of the fireworks display must be given under the Queensland fireworks code.\nthe harbour master, air traffic control, the police\nMaximum penalty—50 penalty units.\ns 170 amd 2024 Act No. 22 s 92 sch 1\n- (a) Queensland Fire and Rescue or Rural Fire Service Queensland under the Fire Services Act 1990 ; and\n- (b) any other person to whom notice of the fireworks display must be given under the Queensland fireworks code. Examples of other persons— the harbour master, air traffic control, the police","sortOrder":257},{"sectionNumber":"sec.171","sectionType":"section","heading":"Notice to be given to inspector after fireworks display","content":"### sec.171 Notice to be given to inspector after fireworks display\n\nThe fireworks contractor for a fireworks display must, within 7 days after the day the fireworks display is staged, give an inspector a notice about the fireworks display under subsection (2) .\nMaximum penalty—50 penalty units.\nThe notice must—\nbe in the approved form; and\ninclude details of—\nany malfunction of a firework during the fireworks display; and\nany explosives incident, or other unusual incident involving a firework, happening in connection with the fireworks display.\n(sec.171-ssec.1) The fireworks contractor for a fireworks display must, within 7 days after the day the fireworks display is staged, give an inspector a notice about the fireworks display under subsection (2) . Maximum penalty—50 penalty units.\n(sec.171-ssec.2) The notice must— be in the approved form; and include details of— any malfunction of a firework during the fireworks display; and any explosives incident, or other unusual incident involving a firework, happening in connection with the fireworks display.\n- (a) be in the approved form; and\n- (b) include details of— (i) any malfunction of a firework during the fireworks display; and (ii) any explosives incident, or other unusual incident involving a firework, happening in connection with the fireworks display.\n- (i) any malfunction of a firework during the fireworks display; and\n- (ii) any explosives incident, or other unusual incident involving a firework, happening in connection with the fireworks display.\n- (i) any malfunction of a firework during the fireworks display; and\n- (ii) any explosives incident, or other unusual incident involving a firework, happening in connection with the fireworks display.","sortOrder":258},{"sectionNumber":"sec.172","sectionType":"section","heading":"Safety of fireworks supplied to fireworks operator","content":"### sec.172 Safety of fireworks supplied to fireworks operator\n\nThe fireworks contractor for a fireworks display must not supply a firework to a fireworks operator for use in the display unless the fireworks contractor has taken reasonable steps to ensure the firework will function as it was designed to function.\nMaximum penalty—100 penalty units.","sortOrder":259},{"sectionNumber":"sec.173","sectionType":"section","heading":"Keeping records","content":"### sec.173 Keeping records\n\nA fireworks contractor must—\nkeep a record of each fireworks display organised by the fireworks contractor, as required under the Queensland fireworks code; and\nkeep a record, in a way mentioned in subsection (2) , of each firework—\npurchased or otherwise obtained by the fireworks contractor; or\nsupplied by the fireworks contractor to a fireworks operator for use by the fireworks operator in a fireworks display organised by the fireworks contractor.\nMaximum penalty—20 penalty units.\nFor subsection (1) (b) , a record must be kept in a way that ensures—\nthe amount and type of fireworks in the fireworks contractor’s possession at a particular time can be worked out; and\na loss or theft of fireworks by or from the fireworks contractor can be identified.\ns 173 amd 2019 SL No. 203 s 8\n(sec.173-ssec.1) A fireworks contractor must— keep a record of each fireworks display organised by the fireworks contractor, as required under the Queensland fireworks code; and keep a record, in a way mentioned in subsection (2) , of each firework— purchased or otherwise obtained by the fireworks contractor; or supplied by the fireworks contractor to a fireworks operator for use by the fireworks operator in a fireworks display organised by the fireworks contractor. Maximum penalty—20 penalty units.\n(sec.173-ssec.2) For subsection (1) (b) , a record must be kept in a way that ensures— the amount and type of fireworks in the fireworks contractor’s possession at a particular time can be worked out; and a loss or theft of fireworks by or from the fireworks contractor can be identified.\n- (a) keep a record of each fireworks display organised by the fireworks contractor, as required under the Queensland fireworks code; and\n- (b) keep a record, in a way mentioned in subsection (2) , of each firework— (i) purchased or otherwise obtained by the fireworks contractor; or (ii) supplied by the fireworks contractor to a fireworks operator for use by the fireworks operator in a fireworks display organised by the fireworks contractor.\n- (i) purchased or otherwise obtained by the fireworks contractor; or\n- (ii) supplied by the fireworks contractor to a fireworks operator for use by the fireworks operator in a fireworks display organised by the fireworks contractor.\n- (i) purchased or otherwise obtained by the fireworks contractor; or\n- (ii) supplied by the fireworks contractor to a fireworks operator for use by the fireworks operator in a fireworks display organised by the fireworks contractor.\n- (a) the amount and type of fireworks in the fireworks contractor’s possession at a particular time can be worked out; and\n- (b) a loss or theft of fireworks by or from the fireworks contractor can be identified.","sortOrder":260},{"sectionNumber":"sec.174","sectionType":"section","heading":"Use of firework","content":"### sec.174 Use of firework\n\nA fireworks operator must not use a firework in a fireworks display unless—\nthe fireworks display is organised by a fireworks contractor; and\nthe firework is supplied to the fireworks operator by the fireworks contractor; and\nthe fireworks operator has taken reasonable steps to ensure the firework will function as it was designed to function.\nMaximum penalty—50 penalty units.\nThe fireworks operator must—\nuse a firework as required under the Queensland fireworks code; and\ncomply with a lawful instruction given to the fireworks operator by the fireworks contractor; and\ntake reasonable steps to ensure a person employed by the fireworks operator, or a person otherwise engaged in using fireworks on behalf of the fireworks operator, complies with the Act and the conditions of the fireworks operator’s licence.\nMaximum penalty—50 penalty units.\n(sec.174-ssec.1) A fireworks operator must not use a firework in a fireworks display unless— the fireworks display is organised by a fireworks contractor; and the firework is supplied to the fireworks operator by the fireworks contractor; and the fireworks operator has taken reasonable steps to ensure the firework will function as it was designed to function. Maximum penalty—50 penalty units.\n(sec.174-ssec.2) The fireworks operator must— use a firework as required under the Queensland fireworks code; and comply with a lawful instruction given to the fireworks operator by the fireworks contractor; and take reasonable steps to ensure a person employed by the fireworks operator, or a person otherwise engaged in using fireworks on behalf of the fireworks operator, complies with the Act and the conditions of the fireworks operator’s licence. Maximum penalty—50 penalty units.\n- (a) the fireworks display is organised by a fireworks contractor; and\n- (b) the firework is supplied to the fireworks operator by the fireworks contractor; and\n- (c) the fireworks operator has taken reasonable steps to ensure the firework will function as it was designed to function.\n- (a) use a firework as required under the Queensland fireworks code; and\n- (b) comply with a lawful instruction given to the fireworks operator by the fireworks contractor; and\n- (c) take reasonable steps to ensure a person employed by the fireworks operator, or a person otherwise engaged in using fireworks on behalf of the fireworks operator, complies with the Act and the conditions of the fireworks operator’s licence.","sortOrder":261},{"sectionNumber":"pt.11","sectionType":"part","heading":"Collectors of ammunition","content":"# Collectors of ammunition","sortOrder":262},{"sectionNumber":"sec.175","sectionType":"section","heading":"Collectors must be able to demonstrate particular ammunition is free from explosive material","content":"### sec.175 Collectors must be able to demonstrate particular ammunition is free from explosive material\n\nA prescribed ammunition collector or the holder of a licence to collect ammunition must, on the request of an inspector, demonstrate to the inspector’s reasonable satisfaction that collectors’ ammunition, other than small arms ammunition, possessed by the person is free from explosive material.\nMaximum penalty—20 penalty units.","sortOrder":263},{"sectionNumber":"sec.176","sectionType":"section","heading":"Approved collectors associations","content":"### sec.176 Approved collectors associations\n\nAn association may apply to the chief inspector for approval of the association as an approved collectors association.\nThe chief inspector may approve the association if reasonably satisfied the association—\nkeeps a record of the name and address of each member of the association; and\nsends written correspondence to all its members at least once each year; and\nwill, with the consent of the association’s members, make the names and addresses of its members available to the chief inspector on request.\nThe chief inspector must, as soon as practicable after deciding whether to approve the association, give the association—\nif the chief inspector decides to approve the association—notice of the decision and the reasons for the decision; or\nif the chief inspector decides not to approve the association—an information notice for the decision.\n(sec.176-ssec.1) An association may apply to the chief inspector for approval of the association as an approved collectors association.\n(sec.176-ssec.2) The chief inspector may approve the association if reasonably satisfied the association— keeps a record of the name and address of each member of the association; and sends written correspondence to all its members at least once each year; and will, with the consent of the association’s members, make the names and addresses of its members available to the chief inspector on request.\n(sec.176-ssec.3) The chief inspector must, as soon as practicable after deciding whether to approve the association, give the association— if the chief inspector decides to approve the association—notice of the decision and the reasons for the decision; or if the chief inspector decides not to approve the association—an information notice for the decision.\n- (a) keeps a record of the name and address of each member of the association; and\n- (b) sends written correspondence to all its members at least once each year; and\n- (c) will, with the consent of the association’s members, make the names and addresses of its members available to the chief inspector on request.\n- (a) if the chief inspector decides to approve the association—notice of the decision and the reasons for the decision; or\n- (b) if the chief inspector decides not to approve the association—an information notice for the decision.","sortOrder":264},{"sectionNumber":"pt.12","sectionType":"part","heading":"Safety and health fee","content":"# Safety and health fee","sortOrder":265},{"sectionNumber":"sec.177","sectionType":"section","heading":"Definitions for part","content":"### sec.177 Definitions for part\n\nIn this part—\nreporting period , for an authority, means—\nif the holder of the authority chooses under section 179A (2) to give a safety and health census for the authority for a financial year—the financial year; or\notherwise—each quarter.\ns 177 def reporting period ins 2019 SL No. 221 s 13\nsafety and health census see section 179 (1) .\nsafety and health fee see section 178 (1) .\n- (a) if the holder of the authority chooses under section 179A (2) to give a safety and health census for the authority for a financial year—the financial year; or\n- (b) otherwise—each quarter.","sortOrder":266},{"sectionNumber":"sec.177A","sectionType":"section","heading":"Application of part","content":"### sec.177A Application of part\n\nThis part does not apply in relation to a reporting period for any of the following authorities issued under section 19 —\na permit to import explosives;\na permit to export explosives;\na permit to store explosives;\nan explosives driver licence;\na licence to use explosives, if the only explosives worker under the licence for the reporting period is an individual, or an individual who is a partner in a partnership, who holds the licence;\na shotfirer licence, if the only explosives worker under the licence for the reporting period is an individual, or an individual who is a partner in a partnership, who holds the licence;\na fireworks operator licence;\na licence to collect ammunition.\ns 177A ins 2021 SL No. 75 s 11\n- (a) a permit to import explosives;\n- (b) a permit to export explosives;\n- (c) a permit to store explosives;\n- (d) an explosives driver licence;\n- (e) a licence to use explosives, if the only explosives worker under the licence for the reporting period is an individual, or an individual who is a partner in a partnership, who holds the licence;\n- (f) a shotfirer licence, if the only explosives worker under the licence for the reporting period is an individual, or an individual who is a partner in a partnership, who holds the licence;\n- (g) a fireworks operator licence;\n- (h) a licence to collect ammunition.","sortOrder":267},{"sectionNumber":"sec.178","sectionType":"section","heading":"Payment of safety and health fee","content":"### sec.178 Payment of safety and health fee\n\nThe holder of an authority must pay a fee (a safety and health fee ) for each reporting period to cover the cost of activities carried out for the purposes of safety and health for explosives.\nThe amount of the safety and health fee for a reporting period for an authority is stated in schedule 2 , part 2 .\nThe amount of the safety and health fee for a reporting period for an authority must be worked out using information included in the safety and health census given to the CEO by the holder of the authority under section 179 for the reporting period.\nSubsection (5) applies if the holder of the authority gives the CEO a safety and health census under section 179 for a reporting period for the authority.\nThe CEO must give the holder of the authority an invoice for the amount of the safety and health fee for the reporting period for the authority—\nif the reporting period is a financial year—before 30 August of the year; or\nif the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or\nif the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or\nif the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or\nif the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.\nThe invoice must state a day for payment that is at least 30 days after the day the CEO gives the holder of the authority the invoice.\nThe holder of the authority must pay the safety and health fee for the reporting period on or before the day for payment stated in the invoice.\nMaximum penalty—100 penalty units.\nSubsection (5) does not apply if the CEO reasonably believes, based on information available to the CEO, that—\na safety and health census received—\ncontains information that is incorrect; or\nis incomplete; or\nSee section 180 .\nno safety and health fee for the reporting period for the authority is payable under schedule 2 , part 2 .\nSubsection (10) applies if—\nthe holder of an authority gives the CEO a safety and health census for a reporting period for the authority after the end of the period within which the census was required to be given under section 179 ; and\nthe CEO has not given the holder of the authority a notice mentioned in section 180 (2) relating to the census.\nThe CEO must give the holder of the authority an invoice for the amount of the safety and health fee for the reporting period for the authority within 40 days after receiving the census.\nThe CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.\ns 178 sub 2019 SL No. 221 s 14\namd 2020 SL No. 69 ss 13 , 24 sch 1 ; 2021 SL No. 75 s 12\n(sec.178-ssec.1) The holder of an authority must pay a fee (a safety and health fee ) for each reporting period to cover the cost of activities carried out for the purposes of safety and health for explosives.\n(sec.178-ssec.2) The amount of the safety and health fee for a reporting period for an authority is stated in schedule 2 , part 2 .\n(sec.178-ssec.3) The amount of the safety and health fee for a reporting period for an authority must be worked out using information included in the safety and health census given to the CEO by the holder of the authority under section 179 for the reporting period.\n(sec.178-ssec.4) Subsection (5) applies if the holder of the authority gives the CEO a safety and health census under section 179 for a reporting period for the authority.\n(sec.178-ssec.5) The CEO must give the holder of the authority an invoice for the amount of the safety and health fee for the reporting period for the authority— if the reporting period is a financial year—before 30 August of the year; or if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.\n(sec.178-ssec.6) The invoice must state a day for payment that is at least 30 days after the day the CEO gives the holder of the authority the invoice.\n(sec.178-ssec.7) The holder of the authority must pay the safety and health fee for the reporting period on or before the day for payment stated in the invoice. Maximum penalty—100 penalty units.\n(sec.178-ssec.8) Subsection (5) does not apply if the CEO reasonably believes, based on information available to the CEO, that— a safety and health census received— contains information that is incorrect; or is incomplete; or See section 180 . no safety and health fee for the reporting period for the authority is payable under schedule 2 , part 2 .\n(sec.178-ssec.9) Subsection (10) applies if— the holder of an authority gives the CEO a safety and health census for a reporting period for the authority after the end of the period within which the census was required to be given under section 179 ; and the CEO has not given the holder of the authority a notice mentioned in section 180 (2) relating to the census.\n(sec.178-ssec.10) The CEO must give the holder of the authority an invoice for the amount of the safety and health fee for the reporting period for the authority within 40 days after receiving the census.\n(sec.178-ssec.11) The CEO’s failure to give an invoice within a period mentioned in subsection (5) or (10) does not affect the validity of an invoice given under this section.\n- (a) if the reporting period is a financial year—before 30 August of the year; or\n- (b) if the reporting period is a quarter ending on 30 September of a year—before 30 November of the year; or\n- (c) if the reporting period is a quarter ending on 31 December of a year—before 1 March of the following year; or\n- (d) if the reporting period is a quarter ending on 31 March of a year—before 31 May of the year; or\n- (e) if the reporting period is a quarter ending on 30 June of a year—before 30 August of the year.\n- (a) a safety and health census received— (i) contains information that is incorrect; or (ii) is incomplete; or Note— See section 180 .\n- (i) contains information that is incorrect; or\n- (ii) is incomplete; or\n- (b) no safety and health fee for the reporting period for the authority is payable under schedule 2 , part 2 .\n- (i) contains information that is incorrect; or\n- (ii) is incomplete; or\n- (a) the holder of an authority gives the CEO a safety and health census for a reporting period for the authority after the end of the period within which the census was required to be given under section 179 ; and\n- (b) the CEO has not given the holder of the authority a notice mentioned in section 180 (2) relating to the census.","sortOrder":268},{"sectionNumber":"sec.179","sectionType":"section","heading":"Holder must give safety and health census after end of each reporting period","content":"### sec.179 Holder must give safety and health census after end of each reporting period\n\nThe holder of an authority must give the CEO, within 20 days after the end of each reporting period, a notice in the approved form (a safety and health census ) stating the number of explosives workers working under the authority during the reporting period.\nMaximum penalty—100 penalty units.\nHowever, the holder of an authority does not commit an offence against subsection (1) by failing to give the CEO a safety and health census within the 20-day period required under that subsection if, before the period ends—\nthe holder applies to the CEO in writing to extend the period for giving the safety and health census; and\nthe CEO gives the holder a notice stating that the period for giving the safety and health census is extended to a day stated in the notice.\nIf the holder of an authority is given a notice under subsection (2) (b) , the holder must give the CEO the safety and health census before the end of the day stated in the notice for giving the census.\nMaximum penalty—100 penalty units.\ns 179 amd 2019 SL No. 221 s 15 ; 2020 SL No. 69 s 24 sch 1\n(sec.179-ssec.1) The holder of an authority must give the CEO, within 20 days after the end of each reporting period, a notice in the approved form (a safety and health census ) stating the number of explosives workers working under the authority during the reporting period. Maximum penalty—100 penalty units.\n(sec.179-ssec.2) However, the holder of an authority does not commit an offence against subsection (1) by failing to give the CEO a safety and health census within the 20-day period required under that subsection if, before the period ends— the holder applies to the CEO in writing to extend the period for giving the safety and health census; and the CEO gives the holder a notice stating that the period for giving the safety and health census is extended to a day stated in the notice.\n(sec.179-ssec.3) If the holder of an authority is given a notice under subsection (2) (b) , the holder must give the CEO the safety and health census before the end of the day stated in the notice for giving the census. Maximum penalty—100 penalty units.\n- (a) the holder applies to the CEO in writing to extend the period for giving the safety and health census; and\n- (b) the CEO gives the holder a notice stating that the period for giving the safety and health census is extended to a day stated in the notice.","sortOrder":269},{"sectionNumber":"sec.179A","sectionType":"section","heading":"Reporting period for authority with 5 or fewer workers","content":"### sec.179A Reporting period for authority with 5 or fewer workers\n\nThis section applies if the number of explosives workers working under an authority is 5 or fewer.\nSubject to subsection (6) , the holder of the authority may choose to give a safety and health census for the authority for a financial year, rather than for each quarter of a financial year.\nThe holder of the authority may choose to give a safety and health census for a financial year regardless of whether the holder has already given a safety and health census for the authority for an earlier quarter of the financial year.\nSubsection (5) applies if the holder of the authority—\nchooses to give a safety and health census for the authority for a financial year; and\nhas already paid a safety and health fee for the authority for an earlier quarter of the financial year.\nThe CEO must credit the amount of the fee already paid to the amount of the safety and health fee payable for the authority using the safety and health census for the financial year.\nThe CEO may, by written notice to the holder of the authority, require the holder to give a safety and health census for the authority for each quarter of the current financial year and subsequent financial years.\nThe CEO may cancel the requirement under subsection (6) by subsequent written notice given to the holder of the authority.\ns 179A ins 2019 SL No. 221 s 16\namd 2020 SL No. 69 s 24 sch 1\n(sec.179A-ssec.1) This section applies if the number of explosives workers working under an authority is 5 or fewer.\n(sec.179A-ssec.2) Subject to subsection (6) , the holder of the authority may choose to give a safety and health census for the authority for a financial year, rather than for each quarter of a financial year.\n(sec.179A-ssec.3) The holder of the authority may choose to give a safety and health census for a financial year regardless of whether the holder has already given a safety and health census for the authority for an earlier quarter of the financial year.\n(sec.179A-ssec.4) Subsection (5) applies if the holder of the authority— chooses to give a safety and health census for the authority for a financial year; and has already paid a safety and health fee for the authority for an earlier quarter of the financial year.\n(sec.179A-ssec.5) The CEO must credit the amount of the fee already paid to the amount of the safety and health fee payable for the authority using the safety and health census for the financial year.\n(sec.179A-ssec.6) The CEO may, by written notice to the holder of the authority, require the holder to give a safety and health census for the authority for each quarter of the current financial year and subsequent financial years.\n(sec.179A-ssec.7) The CEO may cancel the requirement under subsection (6) by subsequent written notice given to the holder of the authority.\n- (a) chooses to give a safety and health census for the authority for a financial year; and\n- (b) has already paid a safety and health fee for the authority for an earlier quarter of the financial year.","sortOrder":270},{"sectionNumber":"sec.179B","sectionType":"section","heading":"Effect of notice or increase in worker numbers","content":"### sec.179B Effect of notice or increase in worker numbers\n\nThis section applies if—\nthe holder of an authority has chosen to give a safety and health census for the authority for a financial year under section 179A (2) ; and\nduring the financial year—\nthe CEO gives the holder a notice under section 179A (6) requiring a safety and health census for the authority for each quarter of the financial year; or\nthe number of explosives workers working under the authority increases to more than 5.\nDespite section 177 , definition reporting period , the reporting period for the authority is each quarter of the financial year.\nThe holder must give the CEO a safety and health census for the authority for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day.\nSection 179 applies in relation to a safety and health census mentioned in subsection (3) —\nas if the reference in section 179 (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and\nwith any other necessary changes.\nSection 181 applies in relation to a safety and health census mentioned in subsection (3) —\nas if the reference in section 181 (1) (b) to the day that is 20 days after the end of the reporting period were a reference to the required day; and\nwith any other necessary changes.\nSubsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 179A (7) .\nIf subsection (1) (b) (ii) applies, the holder of the authority may not choose under section 179A (2) to give a safety and health census for the authority for the financial year, even if the number of explosives workers decreases to 5 or fewer.\nIn this section—\nrequired day means—\nif the CEO has stated a day by which a safety and health census must be given in a notice under section 179A (6) —the day stated in the notice; or\notherwise—the day that is 20 days after the end of the current quarter.\ns 179B ins 2019 SL No. 221 s 16\namd 2020 SL No. 69 s 24 sch 1\n(sec.179B-ssec.1) This section applies if— the holder of an authority has chosen to give a safety and health census for the authority for a financial year under section 179A (2) ; and during the financial year— the CEO gives the holder a notice under section 179A (6) requiring a safety and health census for the authority for each quarter of the financial year; or the number of explosives workers working under the authority increases to more than 5.\n(sec.179B-ssec.2) Despite section 177 , definition reporting period , the reporting period for the authority is each quarter of the financial year.\n(sec.179B-ssec.3) The holder must give the CEO a safety and health census for the authority for the current quarter and each earlier quarter of the financial year, not previously given to the CEO, on or before the required day.\n(sec.179B-ssec.4) Section 179 applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 179 (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and with any other necessary changes.\n(sec.179B-ssec.5) Section 181 applies in relation to a safety and health census mentioned in subsection (3) — as if the reference in section 181 (1) (b) to the day that is 20 days after the end of the reporting period were a reference to the required day; and with any other necessary changes.\n(sec.179B-ssec.6) Subsection (2) stops applying if the requirement mentioned in subsection (1) (b) (i) is cancelled under section 179A (7) .\n(sec.179B-ssec.7) If subsection (1) (b) (ii) applies, the holder of the authority may not choose under section 179A (2) to give a safety and health census for the authority for the financial year, even if the number of explosives workers decreases to 5 or fewer.\n(sec.179B-ssec.8) In this section— required day means— if the CEO has stated a day by which a safety and health census must be given in a notice under section 179A (6) —the day stated in the notice; or otherwise—the day that is 20 days after the end of the current quarter.\n- (a) the holder of an authority has chosen to give a safety and health census for the authority for a financial year under section 179A (2) ; and\n- (b) during the financial year— (i) the CEO gives the holder a notice under section 179A (6) requiring a safety and health census for the authority for each quarter of the financial year; or (ii) the number of explosives workers working under the authority increases to more than 5.\n- (i) the CEO gives the holder a notice under section 179A (6) requiring a safety and health census for the authority for each quarter of the financial year; or\n- (ii) the number of explosives workers working under the authority increases to more than 5.\n- (i) the CEO gives the holder a notice under section 179A (6) requiring a safety and health census for the authority for each quarter of the financial year; or\n- (ii) the number of explosives workers working under the authority increases to more than 5.\n- (a) as if the reference in section 179 (1) to within 20 days after the end of each reporting period were a reference to on or before the required day; and\n- (b) with any other necessary changes.\n- (a) as if the reference in section 181 (1) (b) to the day that is 20 days after the end of the reporting period were a reference to the required day; and\n- (b) with any other necessary changes.\n- (a) if the CEO has stated a day by which a safety and health census must be given in a notice under section 179A (6) —the day stated in the notice; or\n- (b) otherwise—the day that is 20 days after the end of the current quarter.","sortOrder":271},{"sectionNumber":"sec.179C","sectionType":"section","heading":"Records of information included in safety and health census","content":"### sec.179C Records of information included in safety and health census\n\nThis section applies to a holder of an authority who is required to give the CEO a safety and health census.\nThe holder must keep records enabling the accuracy of the information required to be included in the safety and health census to be verified.\nMaximum penalty—100 penalty units.\nWithout limiting subsection (2) , the holder must keep records enabling the accuracy of the following information required to be included in the safety and health census to be verified—\nthe number of explosives workers working under the authority;\nthe number of full-time explosives workers, and non full-time explosives workers, working under the authority;\nthe number of hours worked by explosives workers working under the authority.\nThe holder must keep the records in a way that—\nenables the holder to give the CEO the records within 14 days after the CEO asks for the records; and\nenables the CEO to easily verify the accuracy of the information included in the safety and health census.\nMaximum penalty—100 penalty units.\nIf the CEO asks the holder to give the CEO the records, the holder must give the CEO the records—\nwithin 14 days after the CEO asks for the records; or\nif the CEO agrees in writing with the holder to another period—within the other period.\nMaximum penalty—100 penalty units.\nThe holder must keep the records for 7 years after the day the holder is required to give the CEO the safety and health census.\nMaximum penalty—100 penalty units.\ns 179C ins 2020 SL No. 69 s 14\n(sec.179C-ssec.1) This section applies to a holder of an authority who is required to give the CEO a safety and health census.\n(sec.179C-ssec.2) The holder must keep records enabling the accuracy of the information required to be included in the safety and health census to be verified. Maximum penalty—100 penalty units.\n(sec.179C-ssec.3) Without limiting subsection (2) , the holder must keep records enabling the accuracy of the following information required to be included in the safety and health census to be verified— the number of explosives workers working under the authority; the number of full-time explosives workers, and non full-time explosives workers, working under the authority; the number of hours worked by explosives workers working under the authority.\n(sec.179C-ssec.4) The holder must keep the records in a way that— enables the holder to give the CEO the records within 14 days after the CEO asks for the records; and enables the CEO to easily verify the accuracy of the information included in the safety and health census. Maximum penalty—100 penalty units.\n(sec.179C-ssec.5) If the CEO asks the holder to give the CEO the records, the holder must give the CEO the records— within 14 days after the CEO asks for the records; or if the CEO agrees in writing with the holder to another period—within the other period. Maximum penalty—100 penalty units.\n(sec.179C-ssec.6) The holder must keep the records for 7 years after the day the holder is required to give the CEO the safety and health census. Maximum penalty—100 penalty units.\n- (a) the number of explosives workers working under the authority;\n- (b) the number of full-time explosives workers, and non full-time explosives workers, working under the authority;\n- (c) the number of hours worked by explosives workers working under the authority.\n- (a) enables the holder to give the CEO the records within 14 days after the CEO asks for the records; and\n- (b) enables the CEO to easily verify the accuracy of the information included in the safety and health census.\n- (a) within 14 days after the CEO asks for the records; or\n- (b) if the CEO agrees in writing with the holder to another period—within the other period.","sortOrder":272},{"sectionNumber":"sec.180","sectionType":"section","heading":"Notice may be given if safety and health census not given or is inadequate","content":"### sec.180 Notice may be given if safety and health census not given or is inadequate\n\nThis section applies if the CEO reasonably believes, based on information available to the CEO, that the holder of an authority—\nhas not given a safety and health census under section 179 ; or\nhas given a safety and health census that—\ncontains information that is incorrect; or\nis incomplete.\nThe CEO may give the holder of the authority a notice that—\nstates each of the following—\nthe ground mentioned in subsection (1) (a) or (b) the CEO reasonably believes applies in relation to the holder;\nif the ground is the ground mentioned in subsection (1) (b) (i) —the information the CEO reasonably believes is incorrect;\nthe amount of the safety and health fee the CEO reasonably believes is payable by the holder;\nthe facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and\ninvites the holder to give the CEO, within the reasonable period stated in the notice, a submission as to why the holder should not be invoiced for the amount mentioned in paragraph (a) (iii) .\nThe CEO must consider any submissions given by the holder of the authority within the period stated in the notice.\nIf, after complying with subsection (3) , the CEO is satisfied an amount of a safety and health fee is payable by the holder of the authority, the CEO may give the holder an invoice for the fee.\nSubsection (4) applies even if the holder of the authority has already been given an invoice for, or paid, a different amount for the fee.\nThe holder of the authority must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice.\ns 180 amd 2020 SL No. 69 s 24 sch 1\n(sec.180-ssec.1) This section applies if the CEO reasonably believes, based on information available to the CEO, that the holder of an authority— has not given a safety and health census under section 179 ; or has given a safety and health census that— contains information that is incorrect; or is incomplete.\n(sec.180-ssec.2) The CEO may give the holder of the authority a notice that— states each of the following— the ground mentioned in subsection (1) (a) or (b) the CEO reasonably believes applies in relation to the holder; if the ground is the ground mentioned in subsection (1) (b) (i) —the information the CEO reasonably believes is incorrect; the amount of the safety and health fee the CEO reasonably believes is payable by the holder; the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and invites the holder to give the CEO, within the reasonable period stated in the notice, a submission as to why the holder should not be invoiced for the amount mentioned in paragraph (a) (iii) .\n(sec.180-ssec.3) The CEO must consider any submissions given by the holder of the authority within the period stated in the notice.\n(sec.180-ssec.4) If, after complying with subsection (3) , the CEO is satisfied an amount of a safety and health fee is payable by the holder of the authority, the CEO may give the holder an invoice for the fee.\n(sec.180-ssec.5) Subsection (4) applies even if the holder of the authority has already been given an invoice for, or paid, a different amount for the fee.\n(sec.180-ssec.6) The holder of the authority must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice.\n- (a) has not given a safety and health census under section 179 ; or\n- (b) has given a safety and health census that— (i) contains information that is incorrect; or (ii) is incomplete.\n- (i) contains information that is incorrect; or\n- (ii) is incomplete.\n- (i) contains information that is incorrect; or\n- (ii) is incomplete.\n- (a) states each of the following— (i) the ground mentioned in subsection (1) (a) or (b) the CEO reasonably believes applies in relation to the holder; (ii) if the ground is the ground mentioned in subsection (1) (b) (i) —the information the CEO reasonably believes is incorrect; (iii) the amount of the safety and health fee the CEO reasonably believes is payable by the holder; (iv) the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and\n- (i) the ground mentioned in subsection (1) (a) or (b) the CEO reasonably believes applies in relation to the holder;\n- (ii) if the ground is the ground mentioned in subsection (1) (b) (i) —the information the CEO reasonably believes is incorrect;\n- (iii) the amount of the safety and health fee the CEO reasonably believes is payable by the holder;\n- (iv) the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and\n- (b) invites the holder to give the CEO, within the reasonable period stated in the notice, a submission as to why the holder should not be invoiced for the amount mentioned in paragraph (a) (iii) .\n- (i) the ground mentioned in subsection (1) (a) or (b) the CEO reasonably believes applies in relation to the holder;\n- (ii) if the ground is the ground mentioned in subsection (1) (b) (i) —the information the CEO reasonably believes is incorrect;\n- (iii) the amount of the safety and health fee the CEO reasonably believes is payable by the holder;\n- (iv) the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii) ; and","sortOrder":273},{"sectionNumber":"sec.181","sectionType":"section","heading":"Fee for late safety and health census","content":"### sec.181 Fee for late safety and health census\n\nThis section applies if the holder of an authority does not give a safety and health census for a reporting period on or before—\nif the CEO has given the holder a notice mentioned in section 179 (2) (b) —the day stated in the notice for giving the safety and health census; or\notherwise—the day that is 20 days after the end of the reporting period.\nThe obligation under section 179 to give the safety and health census continues to apply until the holder complies with that section.\nThe holder must pay the late fee stated in schedule 2 , part 2 .\nThe late fee is payable in addition to any penalty imposed on the holder under section 179 (1) or (3) .\ns 181 amd 2019 SL No. 221 s 17 ; 2020 SL No. 69 s 24 sch 1\n(sec.181-ssec.1) This section applies if the holder of an authority does not give a safety and health census for a reporting period on or before— if the CEO has given the holder a notice mentioned in section 179 (2) (b) —the day stated in the notice for giving the safety and health census; or otherwise—the day that is 20 days after the end of the reporting period.\n(sec.181-ssec.2) The obligation under section 179 to give the safety and health census continues to apply until the holder complies with that section.\n(sec.181-ssec.3) The holder must pay the late fee stated in schedule 2 , part 2 .\n(sec.181-ssec.4) The late fee is payable in addition to any penalty imposed on the holder under section 179 (1) or (3) .\n- (a) if the CEO has given the holder a notice mentioned in section 179 (2) (b) —the day stated in the notice for giving the safety and health census; or\n- (b) otherwise—the day that is 20 days after the end of the reporting period.","sortOrder":274},{"sectionNumber":"sec.182","sectionType":"section","heading":"Unpaid fees","content":"### sec.182 Unpaid fees\n\nThis section applies if the holder of an authority does not pay an amount of a safety and health fee under section 178 or 180 .\nThe holder must pay interest on the unpaid amount at the rate of 15%.\nThe interest must be calculated as simple interest.\nThe unpaid amount, and any interest payable on the unpaid amount, may be recovered by the CEO as a debt.\ns 182 amd 2020 SL No. 69 s 24 sch 1\n(sec.182-ssec.1) This section applies if the holder of an authority does not pay an amount of a safety and health fee under section 178 or 180 .\n(sec.182-ssec.2) The holder must pay interest on the unpaid amount at the rate of 15%.\n(sec.182-ssec.3) The interest must be calculated as simple interest.\n(sec.182-ssec.4) The unpaid amount, and any interest payable on the unpaid amount, may be recovered by the CEO as a debt.","sortOrder":275},{"sectionNumber":"sec.183","sectionType":"section","heading":"Refund of overpayment of safety and health fee","content":"### sec.183 Refund of overpayment of safety and health fee\n\nIf a safety and health fee is overpaid by the holder of an authority, the CEO must refund the amount of the overpayment to the holder.\nNo interest is payable on the amount refunded.\ns 183 amd 2020 SL No. 69 s 24 sch 1\n(sec.183-ssec.1) If a safety and health fee is overpaid by the holder of an authority, the CEO must refund the amount of the overpayment to the holder.\n(sec.183-ssec.2) No interest is payable on the amount refunded.","sortOrder":276},{"sectionNumber":"pt.13","sectionType":"part","heading":"Miscellaneous provisions","content":"# Miscellaneous provisions","sortOrder":277},{"sectionNumber":"pt.13-div.1","sectionType":"division","heading":"External reviews by QCAT","content":"## External reviews by QCAT","sortOrder":278},{"sectionNumber":"sec.184","sectionType":"section","heading":"Application for external review","content":"### sec.184 Application for external review\n\nA person who is given an information notice for a reviewable decision may apply, as provided under the QCAT Act , for an external review of the decision.\nIn this section—\nreviewable decision means any of the following decisions of the chief inspector—\na decision under section 14 (2) (b) not to make a declaration that an explosive is an authorised explosive;\na decision under section 17 (2) (b) to impose conditions on an explosives trial approval;\na decision under section 67 (2) (b) to approve explosives limits for a port with changes or conditions;\na decision under section 67 (3) to refuse to approve explosives limits for a port;\na decision under section 69 (2) to impose interim explosives limits for a port;\na decision to act under section 123 (2) (c) or (d) ;\na decision under section 145E to refuse to make or amend an administrative determination;\na decision under section 145E to make or amend an administrative determination subject to conditions;\na decision under section 145K , 145M or 145N to amend, suspend or cancel an administrative determination;\na decision under section 176 (3) (b) not to approve an association as an approved collectors association.\ns 184 amd 2019 Act No. 7 s 149\n(sec.184-ssec.1) A person who is given an information notice for a reviewable decision may apply, as provided under the QCAT Act , for an external review of the decision.\n(sec.184-ssec.2) In this section— reviewable decision means any of the following decisions of the chief inspector— a decision under section 14 (2) (b) not to make a declaration that an explosive is an authorised explosive; a decision under section 17 (2) (b) to impose conditions on an explosives trial approval; a decision under section 67 (2) (b) to approve explosives limits for a port with changes or conditions; a decision under section 67 (3) to refuse to approve explosives limits for a port; a decision under section 69 (2) to impose interim explosives limits for a port; a decision to act under section 123 (2) (c) or (d) ; a decision under section 145E to refuse to make or amend an administrative determination; a decision under section 145E to make or amend an administrative determination subject to conditions; a decision under section 145K , 145M or 145N to amend, suspend or cancel an administrative determination; a decision under section 176 (3) (b) not to approve an association as an approved collectors association.\n- (a) a decision under section 14 (2) (b) not to make a declaration that an explosive is an authorised explosive;\n- (b) a decision under section 17 (2) (b) to impose conditions on an explosives trial approval;\n- (c) a decision under section 67 (2) (b) to approve explosives limits for a port with changes or conditions;\n- (d) a decision under section 67 (3) to refuse to approve explosives limits for a port;\n- (e) a decision under section 69 (2) to impose interim explosives limits for a port;\n- (f) a decision to act under section 123 (2) (c) or (d) ;\n- (g) a decision under section 145E to refuse to make or amend an administrative determination;\n- (h) a decision under section 145E to make or amend an administrative determination subject to conditions;\n- (i) a decision under section 145K , 145M or 145N to amend, suspend or cancel an administrative determination;\n- (j) a decision under section 176 (3) (b) not to approve an association as an approved collectors association.","sortOrder":279},{"sectionNumber":"pt.13-div.2","sectionType":"division","heading":"Other provisions","content":"## Other provisions","sortOrder":280},{"sectionNumber":"sec.185","sectionType":"section","heading":"Period for keeping records","content":"### sec.185 Period for keeping records\n\nA person who is required under this regulation, or a safety and security management system, to keep a record must keep it for at least 5 years after the record was made or obtained.\ns 185 amd 2019 Act No. 7 s 150","sortOrder":281},{"sectionNumber":"sec.186","sectionType":"section","heading":"Person not relieved of obligation merely because other person has same obligation","content":"### sec.186 Person not relieved of obligation merely because other person has same obligation\n\nThis section applies if this regulation—\nimposes an obligation on a person (the relevant person ); and\nimposes the same obligation on 1 or more other persons.\nTo remove any doubt, it is declared that the imposition of the obligation on the other persons does not relieve the relevant person of the obligation imposed on that person.\n(sec.186-ssec.1) This section applies if this regulation— imposes an obligation on a person (the relevant person ); and imposes the same obligation on 1 or more other persons.\n(sec.186-ssec.2) To remove any doubt, it is declared that the imposition of the obligation on the other persons does not relieve the relevant person of the obligation imposed on that person.\n- (a) imposes an obligation on a person (the relevant person ); and\n- (b) imposes the same obligation on 1 or more other persons.","sortOrder":282},{"sectionNumber":"sec.187","sectionType":"section","heading":"Prohibition on giving explosives to unauthorised person","content":"### sec.187 Prohibition on giving explosives to unauthorised person\n\nA person must not, without reasonable excuse, give or hand over an explosive to another person who is not authorised to possess the explosive.\nMaximum penalty—\nif the explosive is a security sensitive explosive—200 penalty units; or\notherwise—50 penalty units.\n- (a) if the explosive is a security sensitive explosive—200 penalty units; or\n- (b) otherwise—50 penalty units.","sortOrder":283},{"sectionNumber":"sec.188","sectionType":"section","heading":"False or misleading information in application for authority or security clearance","content":"### sec.188 False or misleading information in application for authority or security clearance\n\nA person must not—\nstate anything in an application for the issue of an authority or security clearance the person knows is false or misleading in a material particular; or\nomit from an application for the issue of an authority or security clearance anything without which the application is, to the person’s knowledge, misleading in a material particular.\nMaximum penalty—100 penalty units.\ns 188 amd 2020 SL No. 170 s 11\n- (a) state anything in an application for the issue of an authority or security clearance the person knows is false or misleading in a material particular; or\n- (b) omit from an application for the issue of an authority or security clearance anything without which the application is, to the person’s knowledge, misleading in a material particular.","sortOrder":284},{"sectionNumber":"sec.189","sectionType":"section","heading":"Acquirer must not give false or misleading information","content":"### sec.189 Acquirer must not give false or misleading information\n\nThis section applies to a person (an acquirer ) who is acquiring an explosive from another person, other than by purchasing the explosive.\ntaking possession of an explosive to transport or store the explosive\ntaking possession of fireworks for the purpose of conducting a fireworks display\nThe acquirer must not give information, or make a representation, to the other person that the acquirer knows is false or misleading in a material particular about any of the following matters—\nthe type of authority held by the acquirer and the activities allowed under the authority;\nthe type of explosive the acquirer is authorised to deal with under the authority;\na condition of the authority;\nthe name or identity of the person to whom the authority is issued;\nthe name or identity of the acquirer.\nMaximum penalty—100 penalty units.\n(sec.189-ssec.1) This section applies to a person (an acquirer ) who is acquiring an explosive from another person, other than by purchasing the explosive. taking possession of an explosive to transport or store the explosive taking possession of fireworks for the purpose of conducting a fireworks display\n(sec.189-ssec.2) The acquirer must not give information, or make a representation, to the other person that the acquirer knows is false or misleading in a material particular about any of the following matters— the type of authority held by the acquirer and the activities allowed under the authority; the type of explosive the acquirer is authorised to deal with under the authority; a condition of the authority; the name or identity of the person to whom the authority is issued; the name or identity of the acquirer. Maximum penalty—100 penalty units.\n- • taking possession of an explosive to transport or store the explosive\n- • taking possession of fireworks for the purpose of conducting a fireworks display\n- (a) the type of authority held by the acquirer and the activities allowed under the authority;\n- (b) the type of explosive the acquirer is authorised to deal with under the authority;\n- (c) a condition of the authority;\n- (d) the name or identity of the person to whom the authority is issued;\n- (e) the name or identity of the acquirer.","sortOrder":285},{"sectionNumber":"sec.190","sectionType":"section","heading":"Service provider must not give false or misleading information","content":"### sec.190 Service provider must not give false or misleading information\n\nThis section applies to a person (a service provider ) who is employed or otherwise engaged by another person to provide a service related to an explosive.\nThe service provider must not give information, or make a representation, to the other person that the service provider knows is false or misleading in a material particular about any of the following matters—\nthe type of authority held by the service provider and the activities allowed under the authority;\nthe type of explosive the service provider is authorised to deal with under the authority;\na condition of the authority;\nthe name or identity of the person to whom the authority is issued;\nthe name or identity of the service provider.\nAn employee tells the employee’s employer that the employee holds an authority to manufacture explosives when the employee does not hold the authority.\nA fireworks operator contracted by a fireworks contractor tells the fireworks contractor that the fireworks operator is authorised to purchase fireworks.\nMaximum penalty—100 penalty units.\n(sec.190-ssec.1) This section applies to a person (a service provider ) who is employed or otherwise engaged by another person to provide a service related to an explosive.\n(sec.190-ssec.2) The service provider must not give information, or make a representation, to the other person that the service provider knows is false or misleading in a material particular about any of the following matters— the type of authority held by the service provider and the activities allowed under the authority; the type of explosive the service provider is authorised to deal with under the authority; a condition of the authority; the name or identity of the person to whom the authority is issued; the name or identity of the service provider. An employee tells the employee’s employer that the employee holds an authority to manufacture explosives when the employee does not hold the authority. A fireworks operator contracted by a fireworks contractor tells the fireworks contractor that the fireworks operator is authorised to purchase fireworks. Maximum penalty—100 penalty units.\n- (a) the type of authority held by the service provider and the activities allowed under the authority;\n- (b) the type of explosive the service provider is authorised to deal with under the authority;\n- (c) a condition of the authority;\n- (d) the name or identity of the person to whom the authority is issued;\n- (e) the name or identity of the service provider.\n- 1 An employee tells the employee’s employer that the employee holds an authority to manufacture explosives when the employee does not hold the authority.\n- 2 A fireworks operator contracted by a fireworks contractor tells the fireworks contractor that the fireworks operator is authorised to purchase fireworks.","sortOrder":286},{"sectionNumber":"sec.191","sectionType":"section","heading":"Prohibition on altering authority","content":"### sec.191 Prohibition on altering authority\n\nA person must not alter an authority issued to the person.\nMaximum penalty—50 penalty units.\nA person, other than the chief inspector, must not alter an authority issued to another person.\nMaximum penalty—100 penalty units.\n(sec.191-ssec.1) A person must not alter an authority issued to the person. Maximum penalty—50 penalty units.\n(sec.191-ssec.2) A person, other than the chief inspector, must not alter an authority issued to another person. Maximum penalty—100 penalty units.","sortOrder":287},{"sectionNumber":"sec.192","sectionType":"section","heading":"Labels etc. to be written in English","content":"### sec.192 Labels etc. to be written in English\n\nA label, document, record or notice required under the Act must be written in English.","sortOrder":288},{"sectionNumber":"pt.14","sectionType":"part","heading":"Transitional provisions","content":"# Transitional provisions","sortOrder":289},{"sectionNumber":"pt.14-div.1","sectionType":"division","heading":"Transitional provisions for SL No. 150 of 2017","content":"## Transitional provisions for SL No. 150 of 2017","sortOrder":290},{"sectionNumber":"sec.193","sectionType":"section","heading":"Definitions for division","content":"### sec.193 Definitions for division\n\nIn this division—\n2003 regulation means the expired Explosives Regulation 2003 .\ncorresponding provision , in relation to a provision of the 2003 regulation, means the provision of this regulation dealing with the same subject matter as the provision of the 2003 regulation.\nformer , for a provision, means the provision of that number of the 2003 regulation.\ns 193 amd 2019 Act No. 7 s 152","sortOrder":291},{"sectionNumber":"sec.194","sectionType":"section","heading":"Remedial action notice given under former s 9","content":"### sec.194 Remedial action notice given under former s 9\n\nThis section applies if, before the commencement—\nan inspector gave a remedial action notice under former section 9(5); and\nthe notice had not been complied with.\nThe notice is taken to have been given by the inspector under section 9(4).\n(sec.194-ssec.1) This section applies if, before the commencement— an inspector gave a remedial action notice under former section 9(5); and the notice had not been complied with.\n(sec.194-ssec.2) The notice is taken to have been given by the inspector under section 9(4).\n- (a) an inspector gave a remedial action notice under former section 9(5); and\n- (b) the notice had not been complied with.","sortOrder":292},{"sectionNumber":"sec.195","sectionType":"section","heading":"Notice given under former s 13","content":"### sec.195 Notice given under former s 13\n\nThis section applies if, before the commencement—\na person gave the chief inspector a notice under former section 13(1); and\nthe chief inspector had not decided whether to make the declaration.\nThe notice is taken to have been given under section 13(1).\nAnything done in relation to the notice under the 2003 regulation is taken to have been done in relation to the notice under this regulation.\n(sec.195-ssec.1) This section applies if, before the commencement— a person gave the chief inspector a notice under former section 13(1); and the chief inspector had not decided whether to make the declaration.\n(sec.195-ssec.2) The notice is taken to have been given under section 13(1).\n(sec.195-ssec.3) Anything done in relation to the notice under the 2003 regulation is taken to have been done in relation to the notice under this regulation.\n- (a) a person gave the chief inspector a notice under former section 13(1); and\n- (b) the chief inspector had not decided whether to make the declaration.","sortOrder":293},{"sectionNumber":"sec.196","sectionType":"section","heading":"Application made under former s 16","content":"### sec.196 Application made under former s 16\n\nThis section applies if, before the commencement—\na person applied to the chief inspector under former section 16 for an explosives trial approval; and\nthe chief inspector had not decided the application.\nThe application is taken to have been made under section 16.\nAnything done in relation to the application under the 2003 regulation is taken to have been done in relation to the application under this regulation.\n(sec.196-ssec.1) This section applies if, before the commencement— a person applied to the chief inspector under former section 16 for an explosives trial approval; and the chief inspector had not decided the application.\n(sec.196-ssec.2) The application is taken to have been made under section 16.\n(sec.196-ssec.3) Anything done in relation to the application under the 2003 regulation is taken to have been done in relation to the application under this regulation.\n- (a) a person applied to the chief inspector under former section 16 for an explosives trial approval; and\n- (b) the chief inspector had not decided the application.","sortOrder":294},{"sectionNumber":"sec.197","sectionType":"section","heading":"Approvals and consents by chief inspector under 2003 regulation","content":"### sec.197 Approvals and consents by chief inspector under 2003 regulation\n\nThis section applies to each of the following approvals and consents by the chief inspector if the approval was in force immediately before the commencement—\nan explosives trial approval issued under former section 17(1)(a);\nan approval under former section 62(1)(a) of explosives limits, or new explosives limits, for a port;\nan approval under former section 88(2) for a firework to be stored in a particular building;\nan approval under former section 92(e) of a safety measure for an explosive;\nan approval under former section 100(d) of a person to be present at a government magazine;\na consent mentioned in section 106(1)(a) for an activity to be carried out at a government magazine;\nan approval under former section 148(2) of an association as an approved collectors association.\nFrom the commencement, the approval or consent is taken to be an approval under the corresponding provision of this regulation.\n(sec.197-ssec.1) This section applies to each of the following approvals and consents by the chief inspector if the approval was in force immediately before the commencement— an explosives trial approval issued under former section 17(1)(a); an approval under former section 62(1)(a) of explosives limits, or new explosives limits, for a port; an approval under former section 88(2) for a firework to be stored in a particular building; an approval under former section 92(e) of a safety measure for an explosive; an approval under former section 100(d) of a person to be present at a government magazine; a consent mentioned in section 106(1)(a) for an activity to be carried out at a government magazine; an approval under former section 148(2) of an association as an approved collectors association.\n(sec.197-ssec.2) From the commencement, the approval or consent is taken to be an approval under the corresponding provision of this regulation.\n- (a) an explosives trial approval issued under former section 17(1)(a);\n- (b) an approval under former section 62(1)(a) of explosives limits, or new explosives limits, for a port;\n- (c) an approval under former section 88(2) for a firework to be stored in a particular building;\n- (d) an approval under former section 92(e) of a safety measure for an explosive;\n- (e) an approval under former section 100(d) of a person to be present at a government magazine;\n- (f) a consent mentioned in section 106(1)(a) for an activity to be carried out at a government magazine;\n- (g) an approval under former section 148(2) of an association as an approved collectors association.","sortOrder":295},{"sectionNumber":"sec.198","sectionType":"section","heading":"Explosives limits documents given under former s 61 or 63","content":"### sec.198 Explosives limits documents given under former s 61 or 63\n\nThis section applies if, before the commencement—\na port authority or port operator gave the chief inspector—\nan explosives limits document under former section 61; or\na new explosives limits document under former section 63; and\nthe chief inspector had not dealt with the document under former section 62.\nThe explosives limits document is taken to have been given under section 66.\nThe new explosives limits document is taken to have been given under section 68.\nAnything done in relation to the explosives limits document, or new explosives limits document, under the 2003 regulation is taken to have been done in relation to the document under this regulation.\n(sec.198-ssec.1) This section applies if, before the commencement— a port authority or port operator gave the chief inspector— an explosives limits document under former section 61; or a new explosives limits document under former section 63; and the chief inspector had not dealt with the document under former section 62.\n(sec.198-ssec.2) The explosives limits document is taken to have been given under section 66.\n(sec.198-ssec.3) The new explosives limits document is taken to have been given under section 68.\n(sec.198-ssec.4) Anything done in relation to the explosives limits document, or new explosives limits document, under the 2003 regulation is taken to have been done in relation to the document under this regulation.\n- (a) a port authority or port operator gave the chief inspector— (i) an explosives limits document under former section 61; or (ii) a new explosives limits document under former section 63; and\n- (i) an explosives limits document under former section 61; or\n- (ii) a new explosives limits document under former section 63; and\n- (b) the chief inspector had not dealt with the document under former section 62.\n- (i) an explosives limits document under former section 61; or\n- (ii) a new explosives limits document under former section 63; and","sortOrder":296},{"sectionNumber":"sec.199","sectionType":"section","heading":"Interim explosives limit imposed under former s 64(2)","content":"### sec.199 Interim explosives limit imposed under former s 64(2)\n\nThis section applies if, immediately before the commencement, interim explosives limits for a port were in force under former section 64(2).\nFrom the commencement, the interim explosives limits for the port are taken to be interim explosives limits imposed under section 69(2).\n(sec.199-ssec.1) This section applies if, immediately before the commencement, interim explosives limits for a port were in force under former section 64(2).\n(sec.199-ssec.2) From the commencement, the interim explosives limits for the port are taken to be interim explosives limits imposed under section 69(2).","sortOrder":297},{"sectionNumber":"sec.200","sectionType":"section","heading":"Client record and proposed use under former s 78B","content":"### sec.200 Client record and proposed use under former s 78B\n\nFrom the commencement—\na proposed use obtained for a new client under former section 78B(3)(a)(iv) is taken to be a proposed use for the client obtained under section 88(3)(a)(iv) ; and\na client record made under former section 78B(3)(c) is taken to be a client record made under section 88(3)(c) .\n- (a) a proposed use obtained for a new client under former section 78B(3)(a)(iv) is taken to be a proposed use for the client obtained under section 88(3)(a)(iv) ; and\n- (b) a client record made under former section 78B(3)(c) is taken to be a client record made under section 88(3)(c) .","sortOrder":298},{"sectionNumber":"sec.201","sectionType":"section","heading":"Requirement to keep record continues","content":"### sec.201 Requirement to keep record continues\n\nThis section applies if, immediately before the commencement, a person was required to keep a record under former section 79A(2) or former section 149.\nThe requirement to keep the record continues as if the 2003 regulation had not expired.\n(sec.201-ssec.1) This section applies if, immediately before the commencement, a person was required to keep a record under former section 79A(2) or former section 149.\n(sec.201-ssec.2) The requirement to keep the record continues as if the 2003 regulation had not expired.","sortOrder":299},{"sectionNumber":"sec.202","sectionType":"section","heading":"Appointment of manager of government magazine continues","content":"### sec.202 Appointment of manager of government magazine continues\n\nThis section applies to a person who, immediately before the commencement, held an appointment as the manager of a government magazine under former section 99.\nThe person continues to hold office as a manager of a government magazine under this regulation on the same conditions until the person’s appointment as a manager ends under this regulation.\n(sec.202-ssec.1) This section applies to a person who, immediately before the commencement, held an appointment as the manager of a government magazine under former section 99.\n(sec.202-ssec.2) The person continues to hold office as a manager of a government magazine under this regulation on the same conditions until the person’s appointment as a manager ends under this regulation.","sortOrder":300},{"sectionNumber":"sec.203","sectionType":"section","heading":"Request made under former s 103","content":"### sec.203 Request made under former s 103\n\nThis section applies if, before the commencement—\na person gave the manager of a government magazine a notice making a request under former section 103; and\nthe manager had not decided the request.\nThe notice is taken to have been given under section 117.\nAnything done in relation to the notice under the 2003 regulation is taken to have been done in relation to the notice under this regulation.\n(sec.203-ssec.1) This section applies if, before the commencement— a person gave the manager of a government magazine a notice making a request under former section 103; and the manager had not decided the request.\n(sec.203-ssec.2) The notice is taken to have been given under section 117.\n(sec.203-ssec.3) Anything done in relation to the notice under the 2003 regulation is taken to have been done in relation to the notice under this regulation.\n- (a) a person gave the manager of a government magazine a notice making a request under former section 103; and\n- (b) the manager had not decided the request.","sortOrder":301},{"sectionNumber":"sec.204","sectionType":"section","heading":"Approval under former s 104","content":"### sec.204 Approval under former s 104\n\nThis section applies to an approval under former section 104 by the manager of a government magazine if the approval was in force immediately before the commencement.\nFrom the commencement, the approval it taken to be an approval given under section 118.\n(sec.204-ssec.1) This section applies to an approval under former section 104 by the manager of a government magazine if the approval was in force immediately before the commencement.\n(sec.204-ssec.2) From the commencement, the approval it taken to be an approval given under section 118.","sortOrder":302},{"sectionNumber":"sec.205","sectionType":"section","heading":"Continuation of entitlement to take action for failure to pay fee","content":"### sec.205 Continuation of entitlement to take action for failure to pay fee\n\nThis section applies if, before the commencement, the chief inspector charged a fee under former section 107.\nIf the fee is not paid as mentioned in former section 108(1), whether before or after the commencement, the chief inspector may act, or continue to act, under former sections 108 to 110 in relation to the unpaid fee as if the 2003 regulation had not expired.\n(sec.205-ssec.1) This section applies if, before the commencement, the chief inspector charged a fee under former section 107.\n(sec.205-ssec.2) If the fee is not paid as mentioned in former section 108(1), whether before or after the commencement, the chief inspector may act, or continue to act, under former sections 108 to 110 in relation to the unpaid fee as if the 2003 regulation had not expired.","sortOrder":303},{"sectionNumber":"sec.206","sectionType":"section","heading":"Continuation of entitlement to recover amount as debt","content":"### sec.206 Continuation of entitlement to recover amount as debt\n\nThis section applies if, before the commencement—\nthe holder of an authority was required to pay, but had not paid, an amount under former section 146B or former section 146D; and\nthe chief executive had not recovered, under former section 146F, the unpaid amount or any interest payable on the unpaid amount.\nIf a proceeding for recovery of the unpaid amount or any interest payable on the unpaid amount was started before the commencement, the proceeding may continue under former part 10A as if the 2003 regulation had not expired.\nIf a proceeding for recovery of the unpaid amount or any interest payable on the unpaid amount was not started before the commencement, the chief executive may recover the unpaid amount or interest under part 12, as if the liability to pay the amount and interest on the amount arose under that part.\n(sec.206-ssec.1) This section applies if, before the commencement— the holder of an authority was required to pay, but had not paid, an amount under former section 146B or former section 146D; and the chief executive had not recovered, under former section 146F, the unpaid amount or any interest payable on the unpaid amount.\n(sec.206-ssec.2) If a proceeding for recovery of the unpaid amount or any interest payable on the unpaid amount was started before the commencement, the proceeding may continue under former part 10A as if the 2003 regulation had not expired.\n(sec.206-ssec.3) If a proceeding for recovery of the unpaid amount or any interest payable on the unpaid amount was not started before the commencement, the chief executive may recover the unpaid amount or interest under part 12, as if the liability to pay the amount and interest on the amount arose under that part.\n- (a) the holder of an authority was required to pay, but had not paid, an amount under former section 146B or former section 146D; and\n- (b) the chief executive had not recovered, under former section 146F, the unpaid amount or any interest payable on the unpaid amount.","sortOrder":304},{"sectionNumber":"sec.207","sectionType":"section","heading":"Requirement to give notice continues","content":"### sec.207 Requirement to give notice continues\n\nThis section applies if, before the commencement, a person was required to give, but had not given, a notice about a matter under a former provision.\nThe requirement to give the notice is taken to apply under the corresponding provision of this regulation.\nIn this section—\nnotice includes a receipt.\n(sec.207-ssec.1) This section applies if, before the commencement, a person was required to give, but had not given, a notice about a matter under a former provision.\n(sec.207-ssec.2) The requirement to give the notice is taken to apply under the corresponding provision of this regulation.\n(sec.207-ssec.3) In this section— notice includes a receipt.","sortOrder":305},{"sectionNumber":"sec.208","sectionType":"section","heading":"Notice taken to have been given","content":"### sec.208 Notice taken to have been given\n\nThis section applies if, before the commencement, a person was required to give, and had given, a notice about a matter under a former provision.\nThe notice is taken to have been given under the corresponding provision of this regulation.\n(sec.208-ssec.1) This section applies if, before the commencement, a person was required to give, and had given, a notice about a matter under a former provision.\n(sec.208-ssec.2) The notice is taken to have been given under the corresponding provision of this regulation.","sortOrder":306},{"sectionNumber":"sec.209","sectionType":"section","heading":"References to 2003 regulation","content":"### sec.209 References to 2003 regulation\n\nIn a document—\na reference to the 2003 regulation may, if the context permits, be taken to be a reference to this regulation; and\na reference to a provision of the 2003 regulation may, if the context permits, be taken to be a reference to the corresponding provision of this regulation.\n- (a) a reference to the 2003 regulation may, if the context permits, be taken to be a reference to this regulation; and\n- (b) a reference to a provision of the 2003 regulation may, if the context permits, be taken to be a reference to the corresponding provision of this regulation.","sortOrder":307},{"sectionNumber":"pt.14-div.2","sectionType":"division","heading":"Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2019","content":"## Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2019","sortOrder":308},{"sectionNumber":"sec.210","sectionType":"section","heading":"Existing licence to transport explosives","content":"### sec.210 Existing licence to transport explosives\n\nThis section applies to a licence to transport explosives in force immediately before the commencement.\nFrom the commencement—\nthe licence is taken to authorise the authority holder to operate a business of transporting the explosives stated in the licence in the vehicles stated in the licence; and\nthe licence does not authorise the authority holder to drive a vehicle to transport explosives.\ns 210 ins 2019 Act No. 7 s 153\n(sec.210-ssec.1) This section applies to a licence to transport explosives in force immediately before the commencement.\n(sec.210-ssec.2) From the commencement— the licence is taken to authorise the authority holder to operate a business of transporting the explosives stated in the licence in the vehicles stated in the licence; and the licence does not authorise the authority holder to drive a vehicle to transport explosives.\n- (a) the licence is taken to authorise the authority holder to operate a business of transporting the explosives stated in the licence in the vehicles stated in the licence; and\n- (b) the licence does not authorise the authority holder to drive a vehicle to transport explosives.","sortOrder":309},{"sectionNumber":"sec.211","sectionType":"section","heading":"Employees of holder of licence to transport explosives","content":"### sec.211 Employees of holder of licence to transport explosives\n\nThis section applies to a person who—\non the commencement, is an employee of the holder of a licence to transport explosives; and\nis employed to drive a vehicle, stated in the licence as a vehicle to transport explosives, to transport explosives.\nFrom the commencement, the person is taken to be the holder of an explosives driver licence.\nHowever, this section does not apply to a person who—\nis employed to work at a mine; and\nis transporting the explosives at the mine and in the course of the person’s employment.\nThis section stops having effect on the day that is 1 year after the commencement.\ns 211 ins 2019 Act No. 7 s 153\n(sec.211-ssec.1) This section applies to a person who— on the commencement, is an employee of the holder of a licence to transport explosives; and is employed to drive a vehicle, stated in the licence as a vehicle to transport explosives, to transport explosives.\n(sec.211-ssec.2) From the commencement, the person is taken to be the holder of an explosives driver licence.\n(sec.211-ssec.3) However, this section does not apply to a person who— is employed to work at a mine; and is transporting the explosives at the mine and in the course of the person’s employment.\n(sec.211-ssec.4) This section stops having effect on the day that is 1 year after the commencement.\n- (a) on the commencement, is an employee of the holder of a licence to transport explosives; and\n- (b) is employed to drive a vehicle, stated in the licence as a vehicle to transport explosives, to transport explosives.\n- (a) is employed to work at a mine; and\n- (b) is transporting the explosives at the mine and in the course of the person’s employment.","sortOrder":310},{"sectionNumber":"pt.14-div.3","sectionType":"division","heading":"Transitional provision for Natural Resources, Mines and Energy Legislation (Safety and Health) Amendment Regulation 2020","content":"## Transitional provision for Natural Resources, Mines and Energy Legislation (Safety and Health) Amendment Regulation 2020","sortOrder":311},{"sectionNumber":"sec.212","sectionType":"section","heading":"Requirement to keep records of information included in safety and health census","content":"### sec.212 Requirement to keep records of information included in safety and health census\n\nThe requirements under section 179C relating to the keeping of records of information included in a safety and health census apply only if the safety and health census is for a reporting period that starts after the commencement.\ns 212 ins 2020 SL No. 69 s 15","sortOrder":312},{"sectionNumber":"sch.1-pt.1","sectionType":"part","heading":"Prohibited explosives","content":"# Prohibited explosives","sortOrder":313},{"sectionNumber":"sch.1-sec","sectionType":"section","heading":"Example—","content":"### sch.1-sec Example—\n\nSmall arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition, other than small arms ammunition—\nused as a distress signal or wildlife control device; or\nmanufactured, brought into the State from another country, stored, transported or sold for use, or used by—\nan officer or member of a State police service in the course of the officer’s or member’s official duties; or\na corrective services officer in the course of the officer’s official duties; or\nused, possessed, purchased, stored or transported by the holder of a licence to use explosives but only if—\nthe licence specifically authorises the use, possession, purchase, storage or transport of the small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition; and\nthe use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and\nthe use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence; or\nstored, sold, transported or possessed by a prescribed ammunition collector or the holder of a licence to collect ammunition.\nAmmunition that contains explosives, other than—\nsmall arms ammunition; or\nammunition manufactured, brought into the State from another country, stored, transported or sold for use, or used by—\nan officer or member of a State police service in the course of the officer’s or member’s official duties; or\na corrective services officer in the course of the officer’s official duties; or\nammunition used, possessed, purchased, stored or transported by the holder of a licence to use explosives but only if—\nthe licence specifically authorises the use, possession, purchase, storage or transport of ammunition that contains explosives; and\nthe use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and\nthe use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence.\nAn explosive containing a chlorate mixed with an ammonium salt.\nAny of the following fireworks—\na firework from which explosive material may escape;\na firework, all or part of which explodes, containing aluminium or magnesium mixed with potassium chlorate or another chlorate, whether or not the firework contains another substance;\na firework, other than an unrestricted firework or a distress signal, containing a chlorate mixed with sulphur, a sulphide or phosphorus, whether or not the firework contains another substance;\na firework, other than an unrestricted firework or a distress signal, that contains, or is attached to, a thing capable of initiating the firework by friction or percussion;\na firework—\nall or part of which is projected through the air on initiation; and\nthat has the potential to injure a person outside the recommended spectator distance under the Queensland fireworks code;\na sky rocket\na cracker, other than a cracker that is a component in a string of crackers;\nbungers, bangers, matchcrackers\na salute with a diameter or length greater than 75mm;\na candle with an internal diameter greater than 50mm;\na fountain with an internal diameter greater than 125mm;\na candle with an internal diameter greater than 25mm containing a pyrotechnic unit composed wholly or predominantly of flash powder;\na multishot box item and another assembly consisting of tubes greater than 30mm in diameter fastened together in a vertical or near vertical array, other than—\nan item consisting of tubes with an internal diameter of 10mm or less that does not have more than 1,000 tubes or 1,000 pyrotechnic units; or\nan item consisting of tubes with an internal diameter greater than 10mm, but not greater than 25mm, that does not have more than 200 tubes or 200 pyrotechnic units; or\nan item consisting of tubes with an internal diameter greater than 25mm, but not greater than 38mm, that—\ndoes not have more than 200 tubes or 200 pyrotechnic units; and\ndoes not contain flash powder; or\nan item consisting of tubes with an internal diameter greater than 38mm, but not greater than 50mm, that—\ndoes not have more than 52 tubes or 52 pyrotechnic units; and\ndoes not contain flash powder;\na string of crackers—\nin which any cracker is greater than 45mm in length or has an external diameter greater than 10mm; or\ncontaining a roll of crackers designed to initiate at the same time, including, for example, a headroll.\n(sch.1-sec-ssec.1) Small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition, other than small arms ammunition— used as a distress signal or wildlife control device; or manufactured, brought into the State from another country, stored, transported or sold for use, or used by— an officer or member of a State police service in the course of the officer’s or member’s official duties; or a corrective services officer in the course of the officer’s official duties; or used, possessed, purchased, stored or transported by the holder of a licence to use explosives but only if— the licence specifically authorises the use, possession, purchase, storage or transport of the small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition; and the use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and the use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence; or stored, sold, transported or possessed by a prescribed ammunition collector or the holder of a licence to collect ammunition.\n(sch.1-sec-ssec.2) Ammunition that contains explosives, other than— small arms ammunition; or ammunition manufactured, brought into the State from another country, stored, transported or sold for use, or used by— an officer or member of a State police service in the course of the officer’s or member’s official duties; or a corrective services officer in the course of the officer’s official duties; or ammunition used, possessed, purchased, stored or transported by the holder of a licence to use explosives but only if— the licence specifically authorises the use, possession, purchase, storage or transport of ammunition that contains explosives; and the use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and the use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence.\n(sch.1-sec-ssec.3) An explosive containing a chlorate mixed with an ammonium salt.\n(sch.1-sec-ssec.4) Any of the following fireworks— a firework from which explosive material may escape; a firework, all or part of which explodes, containing aluminium or magnesium mixed with potassium chlorate or another chlorate, whether or not the firework contains another substance; a firework, other than an unrestricted firework or a distress signal, containing a chlorate mixed with sulphur, a sulphide or phosphorus, whether or not the firework contains another substance; a firework, other than an unrestricted firework or a distress signal, that contains, or is attached to, a thing capable of initiating the firework by friction or percussion; a firework— all or part of which is projected through the air on initiation; and that has the potential to injure a person outside the recommended spectator distance under the Queensland fireworks code; a sky rocket a cracker, other than a cracker that is a component in a string of crackers; bungers, bangers, matchcrackers a salute with a diameter or length greater than 75mm; a candle with an internal diameter greater than 50mm; a fountain with an internal diameter greater than 125mm; a candle with an internal diameter greater than 25mm containing a pyrotechnic unit composed wholly or predominantly of flash powder; a multishot box item and another assembly consisting of tubes greater than 30mm in diameter fastened together in a vertical or near vertical array, other than— an item consisting of tubes with an internal diameter of 10mm or less that does not have more than 1,000 tubes or 1,000 pyrotechnic units; or an item consisting of tubes with an internal diameter greater than 10mm, but not greater than 25mm, that does not have more than 200 tubes or 200 pyrotechnic units; or an item consisting of tubes with an internal diameter greater than 25mm, but not greater than 38mm, that— does not have more than 200 tubes or 200 pyrotechnic units; and does not contain flash powder; or an item consisting of tubes with an internal diameter greater than 38mm, but not greater than 50mm, that— does not have more than 52 tubes or 52 pyrotechnic units; and does not contain flash powder; a string of crackers— in which any cracker is greater than 45mm in length or has an external diameter greater than 10mm; or containing a roll of crackers designed to initiate at the same time, including, for example, a headroll.\n- (a) used as a distress signal or wildlife control device; or\n- (b) manufactured, brought into the State from another country, stored, transported or sold for use, or used by— (i) an officer or member of a State police service in the course of the officer’s or member’s official duties; or (ii) a corrective services officer in the course of the officer’s official duties; or\n- (i) an officer or member of a State police service in the course of the officer’s or member’s official duties; or\n- (ii) a corrective services officer in the course of the officer’s official duties; or\n- (c) used, possessed, purchased, stored or transported by the holder of a licence to use explosives but only if— (i) the licence specifically authorises the use, possession, purchase, storage or transport of the small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition; and (ii) the use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and (iii) the use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence; or\n- (i) the licence specifically authorises the use, possession, purchase, storage or transport of the small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition; and\n- (ii) the use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and\n- (iii) the use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence; or\n- (d) stored, sold, transported or possessed by a prescribed ammunition collector or the holder of a licence to collect ammunition.\n- (i) an officer or member of a State police service in the course of the officer’s or member’s official duties; or\n- (ii) a corrective services officer in the course of the officer’s official duties; or\n- (i) the licence specifically authorises the use, possession, purchase, storage or transport of the small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition; and\n- (ii) the use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and\n- (iii) the use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence; or\n- (a) small arms ammunition; or\n- (b) ammunition manufactured, brought into the State from another country, stored, transported or sold for use, or used by— (i) an officer or member of a State police service in the course of the officer’s or member’s official duties; or (ii) a corrective services officer in the course of the officer’s official duties; or\n- (i) an officer or member of a State police service in the course of the officer’s or member’s official duties; or\n- (ii) a corrective services officer in the course of the officer’s official duties; or\n- (c) ammunition used, possessed, purchased, stored or transported by the holder of a licence to use explosives but only if— (i) the licence specifically authorises the use, possession, purchase, storage or transport of ammunition that contains explosives; and (ii) the use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and (iii) the use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence.\n- (i) the licence specifically authorises the use, possession, purchase, storage or transport of ammunition that contains explosives; and\n- (ii) the use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and\n- (iii) the use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence.\n- (i) an officer or member of a State police service in the course of the officer’s or member’s official duties; or\n- (ii) a corrective services officer in the course of the officer’s official duties; or\n- (i) the licence specifically authorises the use, possession, purchase, storage or transport of ammunition that contains explosives; and\n- (ii) the use, possession, purchase, storage or transport is for a particular purpose authorised under the licence; and\n- (iii) the use, possession, purchase, storage or transport is in compliance with the licence, including, for example, any conditions stated in the licence.\n- (a) a firework from which explosive material may escape;\n- (b) a firework, all or part of which explodes, containing aluminium or magnesium mixed with potassium chlorate or another chlorate, whether or not the firework contains another substance;\n- (c) a firework, other than an unrestricted firework or a distress signal, containing a chlorate mixed with sulphur, a sulphide or phosphorus, whether or not the firework contains another substance;\n- (d) a firework, other than an unrestricted firework or a distress signal, that contains, or is attached to, a thing capable of initiating the firework by friction or percussion;\n- (e) a firework— (i) all or part of which is projected through the air on initiation; and (ii) that has the potential to injure a person outside the recommended spectator distance under the Queensland fireworks code; Example— a sky rocket\n- (i) all or part of which is projected through the air on initiation; and\n- (ii) that has the potential to injure a person outside the recommended spectator distance under the Queensland fireworks code; Example— a sky rocket\n- (f) a cracker, other than a cracker that is a component in a string of crackers; Examples— bungers, bangers, matchcrackers\n- (g) a salute with a diameter or length greater than 75mm;\n- (h) a candle with an internal diameter greater than 50mm;\n- (i) a fountain with an internal diameter greater than 125mm;\n- (j) a candle with an internal diameter greater than 25mm containing a pyrotechnic unit composed wholly or predominantly of flash powder;\n- (k) a multishot box item and another assembly consisting of tubes greater than 30mm in diameter fastened together in a vertical or near vertical array, other than— (i) an item consisting of tubes with an internal diameter of 10mm or less that does not have more than 1,000 tubes or 1,000 pyrotechnic units; or (ii) an item consisting of tubes with an internal diameter greater than 10mm, but not greater than 25mm, that does not have more than 200 tubes or 200 pyrotechnic units; or (iii) an item consisting of tubes with an internal diameter greater than 25mm, but not greater than 38mm, that— (A) does not have more than 200 tubes or 200 pyrotechnic units; and (B) does not contain flash powder; or (iv) an item consisting of tubes with an internal diameter greater than 38mm, but not greater than 50mm, that— (A) does not have more than 52 tubes or 52 pyrotechnic units; and (B) does not contain flash powder;\n- (i) an item consisting of tubes with an internal diameter of 10mm or less that does not have more than 1,000 tubes or 1,000 pyrotechnic units; or\n- (ii) an item consisting of tubes with an internal diameter greater than 10mm, but not greater than 25mm, that does not have more than 200 tubes or 200 pyrotechnic units; or\n- (iii) an item consisting of tubes with an internal diameter greater than 25mm, but not greater than 38mm, that— (A) does not have more than 200 tubes or 200 pyrotechnic units; and (B) does not contain flash powder; or\n- (A) does not have more than 200 tubes or 200 pyrotechnic units; and\n- (B) does not contain flash powder; or\n- (iv) an item consisting of tubes with an internal diameter greater than 38mm, but not greater than 50mm, that— (A) does not have more than 52 tubes or 52 pyrotechnic units; and (B) does not contain flash powder;\n- (A) does not have more than 52 tubes or 52 pyrotechnic units; and\n- (B) does not contain flash powder;\n- (l) a string of crackers— (i) in which any cracker is greater than 45mm in length or has an external diameter greater than 10mm; or (ii) containing a roll of crackers designed to initiate at the same time, including, for example, a headroll.\n- (i) in which any cracker is greater than 45mm in length or has an external diameter greater than 10mm; or\n- (ii) containing a roll of crackers designed to initiate at the same time, including, for example, a headroll.\n- (i) all or part of which is projected through the air on initiation; and\n- (ii) that has the potential to injure a person outside the recommended spectator distance under the Queensland fireworks code; Example— a sky rocket\n- (i) an item consisting of tubes with an internal diameter of 10mm or less that does not have more than 1,000 tubes or 1,000 pyrotechnic units; or\n- (ii) an item consisting of tubes with an internal diameter greater than 10mm, but not greater than 25mm, that does not have more than 200 tubes or 200 pyrotechnic units; or\n- (iii) an item consisting of tubes with an internal diameter greater than 25mm, but not greater than 38mm, that— (A) does not have more than 200 tubes or 200 pyrotechnic units; and (B) does not contain flash powder; or\n- (A) does not have more than 200 tubes or 200 pyrotechnic units; and\n- (B) does not contain flash powder; or\n- (iv) an item consisting of tubes with an internal diameter greater than 38mm, but not greater than 50mm, that— (A) does not have more than 52 tubes or 52 pyrotechnic units; and (B) does not contain flash powder;\n- (A) does not have more than 52 tubes or 52 pyrotechnic units; and\n- (B) does not contain flash powder;\n- (A) does not have more than 200 tubes or 200 pyrotechnic units; and\n- (B) does not contain flash powder; or\n- (A) does not have more than 52 tubes or 52 pyrotechnic units; and\n- (B) does not contain flash powder;\n- (i) in which any cracker is greater than 45mm in length or has an external diameter greater than 10mm; or\n- (ii) containing a roll of crackers designed to initiate at the same time, including, for example, a headroll.","sortOrder":314},{"sectionNumber":"sch.1-pt.2","sectionType":"part","heading":"Interpretation","content":"# Interpretation","sortOrder":315},{"sectionNumber":"sch.2-pt.1","sectionType":"part","heading":"Fees for security clearance, authority, approval and declaration","content":"# Fees for security clearance, authority, approval and declaration","sortOrder":316},{"sectionNumber":"sch.2-pt.2","sectionType":"part","heading":"Safety and health fees","content":"# Safety and health fees","sortOrder":317},{"sectionNumber":"sch.3-pt.1","sectionType":"part","heading":"Matters to be provided for in system procedures","content":"# Matters to be provided for in system procedures","sortOrder":318},{"sectionNumber":"sch.3-sec","sectionType":"section","heading":null,"content":"### Section sch.3-sec\n\nEstablishing and maintaining an explosives safety and security management system to deal with hazard and risk identification, risk assessment and risk control.\nThe provision of information, education and training to—\nemployees and contractors of the authority holder; and\nif the system is for a place—visitors to the place.\nReporting and investigating explosives incidents.\nInternal auditing of the system.\nCollecting information about the system to monitor its effectiveness.\nKeeping records of the system, including records of the following—\ninternal audits and statistics;\nrisk assessments undertaken;\ntraining of personnel;\nreports and investigations of explosives incidents;\nreviews of operational procedures;\nconsultations with employees and contractors about safety;\nexplosives manufactured or stored under the authority;\nmaintenance carried out on buildings, plant and equipment;\ntesting of safety shut-off systems and alarms;\ntesting of emergency procedures and the evacuation plan;\ndisposal of explosives;\nalternative safety and security measures used.\nPeriodic reviews of the legislative requirements applicable to the system, and amendments of the system, if necessary, to comply with the requirements.\nChanging the system.\n(sch.3-sec-ssec.1) Establishing and maintaining an explosives safety and security management system to deal with hazard and risk identification, risk assessment and risk control.\n(sch.3-sec-ssec.2) The provision of information, education and training to— employees and contractors of the authority holder; and if the system is for a place—visitors to the place.\n(sch.3-sec-ssec.3) Reporting and investigating explosives incidents.\n(sch.3-sec-ssec.4) Internal auditing of the system.\n(sch.3-sec-ssec.5) Collecting information about the system to monitor its effectiveness.\n(sch.3-sec-ssec.6) Keeping records of the system, including records of the following— internal audits and statistics; risk assessments undertaken; training of personnel; reports and investigations of explosives incidents; reviews of operational procedures; consultations with employees and contractors about safety; explosives manufactured or stored under the authority; maintenance carried out on buildings, plant and equipment; testing of safety shut-off systems and alarms; testing of emergency procedures and the evacuation plan; disposal of explosives; alternative safety and security measures used.\n(sch.3-sec-ssec.7) Periodic reviews of the legislative requirements applicable to the system, and amendments of the system, if necessary, to comply with the requirements.\n(sch.3-sec-ssec.8) Changing the system.\n- (a) employees and contractors of the authority holder; and\n- (b) if the system is for a place—visitors to the place.\n- (a) internal audits and statistics;\n- (b) risk assessments undertaken;\n- (c) training of personnel;\n- (d) reports and investigations of explosives incidents;\n- (e) reviews of operational procedures;\n- (f) consultations with employees and contractors about safety;\n- (g) explosives manufactured or stored under the authority;\n- (h) maintenance carried out on buildings, plant and equipment;\n- (i) testing of safety shut-off systems and alarms;\n- (j) testing of emergency procedures and the evacuation plan;\n- (k) disposal of explosives;\n- (l) alternative safety and security measures used.","sortOrder":319},{"sectionNumber":"sch.3-pt.2","sectionType":"part","heading":"Matters to be provided for in operational procedures","content":"# Matters to be provided for in operational procedures","sortOrder":320},{"sectionNumber":"sch.3-sec-oc.2","sectionType":"section","heading":"Examples of precautionary steps—","content":"### sch.3-sec-oc.2 Examples of precautionary steps—\n\nSupervising visitors and contractors in areas where there are explosives.\nMaintaining buildings, plant and equipment, including each of the following—\ncleaning to ensure buildings, plant and equipment are free from explosives before maintenance is carried out;\nprecautionary steps, including, for example, cleaning and clearing, to isolate a hazard before maintenance is carried out in the vicinity of the hazard;\ncleaning contaminated equipment\nisolating electrical, pressure or other sources of energy\nconfined space entry\nthe frequency of required maintenance.\nRestricting smoking, the consumption of alcohol, the possession and use of firearms, and other activities potentially affecting the risk associated with the activities carried out under the authority.\nSelecting, maintaining and using personal protective equipment, including, for example, clothing, equipment or devices designed to protect a person from harm.\ngloves, safety glasses, hard hat, safety shoes\nIdentifying and disposing of waste explosives and ingredients for manufacturing explosives, and separating waste materials that are not compatible, including, for example, procedures for burning waste.\nTesting safety shut-off systems and alarms.\nIf the activities include manufacturing or bringing explosives into the State from another country—sampling and testing the explosives.\nTransporting explosives under the authority, including security provisions and procedures.\nStoring and handling explosives under the authority, including security provisions and procedures.\nHandling chemicals and keeping—\na register of chemicals stored or used for the activities; and\na safety data sheet for each chemical.\nReceiving explosives at a place where the activities are carried out.\nLimiting the amount of explosives in, and the number of persons in, buildings and other places where the activities are carried out.\nUsing explosives under the authority, including security provisions and procedures.\nResponding to adverse weather conditions, including, for example, lightning.\nRestricting sources of ignition in buildings and other places where the activities are carried out.\nSeparating materials that are not compatible.\nManufacturing explosives under the authority, including storing and mixing ingredients used to manufacture explosives.\nCleaning and tidying areas where explosives are handled under the authority.\nHandling misfires.\nOperating plant and equipment used in the activities, including, for example, a pump.\nPreparing for and responding to emergencies, including the preparation of an evacuation plan and testing of the procedures.\nprocedures for controlling spills\nthe provision of fire fighting equipment\nthe availability of first aid\nChanging operational processes, the composition of the explosives used for the activities, the ingredients used to manufacture explosives and the packaging of explosives.\nThe competencies and training required for personnel who carry out the activities.\nRecording and handling complaints about the activities.\n(sch.3-sec-oc.2-ssec.1) Supervising visitors and contractors in areas where there are explosives.\n(sch.3-sec-oc.2-ssec.2) Maintaining buildings, plant and equipment, including each of the following— cleaning to ensure buildings, plant and equipment are free from explosives before maintenance is carried out; precautionary steps, including, for example, cleaning and clearing, to isolate a hazard before maintenance is carried out in the vicinity of the hazard; cleaning contaminated equipment isolating electrical, pressure or other sources of energy confined space entry the frequency of required maintenance.\n(sch.3-sec-oc.2-ssec.3) Restricting smoking, the consumption of alcohol, the possession and use of firearms, and other activities potentially affecting the risk associated with the activities carried out under the authority.\n(sch.3-sec-oc.2-ssec.4) Selecting, maintaining and using personal protective equipment, including, for example, clothing, equipment or devices designed to protect a person from harm. gloves, safety glasses, hard hat, safety shoes\n(sch.3-sec-oc.2-ssec.5) Identifying and disposing of waste explosives and ingredients for manufacturing explosives, and separating waste materials that are not compatible, including, for example, procedures for burning waste.\n(sch.3-sec-oc.2-ssec.6) Testing safety shut-off systems and alarms.\n(sch.3-sec-oc.2-ssec.7) If the activities include manufacturing or bringing explosives into the State from another country—sampling and testing the explosives.\n(sch.3-sec-oc.2-ssec.8) Transporting explosives under the authority, including security provisions and procedures.\n(sch.3-sec-oc.2-ssec.9) Storing and handling explosives under the authority, including security provisions and procedures.\n(sch.3-sec-oc.2-ssec.10) Handling chemicals and keeping— a register of chemicals stored or used for the activities; and a safety data sheet for each chemical.\n(sch.3-sec-oc.2-ssec.11) Receiving explosives at a place where the activities are carried out.\n(sch.3-sec-oc.2-ssec.12) Limiting the amount of explosives in, and the number of persons in, buildings and other places where the activities are carried out.\n(sch.3-sec-oc.2-ssec.13) Using explosives under the authority, including security provisions and procedures.\n(sch.3-sec-oc.2-ssec.14) Responding to adverse weather conditions, including, for example, lightning.\n(sch.3-sec-oc.2-ssec.15) Restricting sources of ignition in buildings and other places where the activities are carried out.\n(sch.3-sec-oc.2-ssec.16) Separating materials that are not compatible.\n(sch.3-sec-oc.2-ssec.17) Manufacturing explosives under the authority, including storing and mixing ingredients used to manufacture explosives.\n(sch.3-sec-oc.2-ssec.18) Cleaning and tidying areas where explosives are handled under the authority.\n(sch.3-sec-oc.2-ssec.19) Handling misfires.\n(sch.3-sec-oc.2-ssec.20) Operating plant and equipment used in the activities, including, for example, a pump.\n(sch.3-sec-oc.2-ssec.21) Preparing for and responding to emergencies, including the preparation of an evacuation plan and testing of the procedures. procedures for controlling spills the provision of fire fighting equipment the availability of first aid\n(sch.3-sec-oc.2-ssec.22) Changing operational processes, the composition of the explosives used for the activities, the ingredients used to manufacture explosives and the packaging of explosives.\n(sch.3-sec-oc.2-ssec.23) The competencies and training required for personnel who carry out the activities.\n(sch.3-sec-oc.2-ssec.24) Recording and handling complaints about the activities.\n- (a) cleaning to ensure buildings, plant and equipment are free from explosives before maintenance is carried out;\n- (b) precautionary steps, including, for example, cleaning and clearing, to isolate a hazard before maintenance is carried out in the vicinity of the hazard; Examples of precautionary steps— • cleaning contaminated equipment • isolating electrical, pressure or other sources of energy • confined space entry\n- • cleaning contaminated equipment\n- • isolating electrical, pressure or other sources of energy\n- • confined space entry\n- (c) the frequency of required maintenance.\n- • cleaning contaminated equipment\n- • isolating electrical, pressure or other sources of energy\n- • confined space entry\n- (a) a register of chemicals stored or used for the activities; and\n- (b) a safety data sheet for each chemical.\n- • procedures for controlling spills\n- • the provision of fire fighting equipment\n- • the availability of first aid","sortOrder":321}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":853},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly beyond its original 2017 scope. Major additions include: the security-sensitive explosives framework (2019) creating new categories and clearance requirements; the explosives driver licence as a separate occupational authority (2019); enhanced customer verification systems linking to interstate firearms registers (2026); specific exemptions for Queensland Police Service and government entities regarding security clearances (2024); and ongoing refinement of fireworks and blasting safety requirements. The original regulation was substantially restructured in 2019 to add Part 3A (security clearances) and Part 3 Division 5A (safety and security management systems), representing a shift from purely prescriptive rules to risk-based management approaches."},"complexity_factors":["Extensive cross-referencing to the parent Explosives Act and multiple external standards (UN model regulations, Australian Standards, Australian explosives code, Australian dangerous goods code)","15 distinct licence/permit types with overlapping but different conditions and eligibility requirements","Nested conditional logic throughout — many rules apply 'unless' or 'if' certain circumstances exist","Security-sensitive explosives regime creates parallel tracking and reporting obligations","Multiple defined terms (dictionary in Schedule 7) with technical meanings differing from ordinary usage","Extensive record-keeping requirements with varying retention periods (5 years for some, ongoing for others)","Alternative safety measures provisions create discretionary pathways requiring risk equivalence demonstrations","Government magazine provisions include fee recovery mechanisms with sale/disposal powers for non-payment","Fireworks-specific subdivision with insurance, notification, and operational requirements layered on top of general rules","Recent amendments (2019, 2020, 2024, 2025) have added security clearance exemptions and verification systems without consolidating older provisions"],"plain_english_summary":"This is Queensland's **Explosives Regulation 2017**, which sets out detailed rules for how explosives can be legally handled in the state. Think of it as the operational manual that brings the Explosives Act to life.\n\n**What it covers:**\n- **Definitions and classifications** — explains what counts as an \"explosive\" (including things like ammonium nitrate, fireworks, ammunition) and how they're categorised using UN standards\n- **Licensing system** — creates 15 different types of licences and permits for activities like importing, exporting, manufacturing, selling, storing, transporting and using explosives\n- **Who can get a licence** — sets age limits (18+ generally, 21+ for driving explosives vehicles), training requirements, and background checks including security clearances for sensitive materials\n- **Safety and security rules** — mandates detailed management systems for businesses handling explosives, including emergency plans, security plans, and monthly staff consultations\n- **Specific rules for different activities** — detailed requirements for:\n  - **Importing/exporting** — classification, packaging, and record-keeping\n  - **Manufacturing** — safety standards, signage, and storage\n  - **Selling** — strict identity verification for new customers buying security-sensitive explosives, with mandatory police checks\n  - **Storing** — different rules for small amounts (like ammunition) versus commercial quantities, plus government magazine facilities\n  - **Transporting** — driver competency requirements, insurance ($2.5m–$5m), and compliance with dangerous goods codes\n  - **Using** — including blasting operations and fireworks displays\n\n**Special features:**\n- **Fireworks** — separate licensing for contractors and operators, with $5 million public liability insurance required\n- **Security-sensitive explosives** — extra layers of protection for materials that could be used in terrorism, including tracking and reporting suspicious purchases\n- **Alternative safety measures** — allows businesses to propose their own safety systems if they achieve equal or better protection than the standard rules\n- **Police exemptions** — Queensland Police Service employees can access explosives without individual security clearances in some circumstances\n\n**Why it matters:** This regulation balances enabling legitimate industrial, agricultural, entertainment and sporting uses of explosives with protecting public safety and national security. It affects mining companies, fireworks professionals, firearms dealers, farmers using blasting, and even researchers in laboratories."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.6(1)(b)","severity":"high","reasoning":"Section 6(1)(b) declares 'ammunition that does not contain explosives' to be an explosive. This is a direct logical contradiction: the very thing being classified as an explosive is defined by its lack of explosives. The regulation creates a legal fiction that something is what it factually is not, which could create serious interpretive difficulties for enforcement and compliance.","confidence":0.97,"description":"Ammunition that does not contain explosives is declared to be an explosive"},{"type":"self_contradicting","section":"sec.7(1) and sec.7(2)","severity":"medium","reasoning":"Section 7(1) exempts explosives from the Act when used as an ingredient in a mixture not intended to initiate it. Section 7(2) then imposes a penalty under this regulation on persons who possess such exempt explosives and use them to produce an explosive effect. However, if the explosive is exempt from the Act, the regulatory basis for imposing the penalty in subsection (2) is unclear — the regulation derives its authority from the Act, and if the substance is exempt from the Act, the reach of the regulation over that substance is questionable. The regulation is effectively penalising conduct that triggers the removal of the very exemption that brought the substance within scope.","confidence":0.72,"description":"A person who possesses an exempt explosive is penalised for using it in a way that would make it non-exempt, but the exemption itself creates a paradox about which legal regime applies"},{"type":"other","section":"sec.18B(2) penalties","severity":"medium","reasoning":"Section 18B(2) prescribes 200 penalty units for failing to notify a name or address change (paragraph (e)), but only 20 penalty units for failing to notify a change in mental health circumstances (paragraph (d) example). A change in mental health could be highly material to suitability to hold a security clearance over explosives, yet it attracts one-tenth of the penalty of a purely administrative address change. This priority inversion appears irrational from a safety and security perspective.","confidence":0.88,"description":"Changing one's name or address carries a higher maximum penalty than failing to disclose a change in mental health"},{"type":"other","section":"sec.33(2) and sec.33(3)","severity":"low","reasoning":"Section 33(2) restricts activities under subsection (1)(a) (use), (c) (purchase) and (e) (transport) to holders with a current competency assessment. Notably, subsection (1)(d) — storing blasting explosives — is not subject to this restriction. This means a shotfirer whose competency has lapsed can legally store blasting explosives (potentially large quantities) but cannot purchase even a single unit. Storing explosives without current competency arguably poses as much or greater risk than purchasing them.","confidence":0.82,"description":"A shotfirer licence holder cannot purchase blasting explosives without a current competency assessment, but storage (sec.33(1)(d)) does not require a competency assessment"},{"type":"other","section":"sec.7A","severity":"low","reasoning":"The annotation states 's 7A ins 2025 SL No. 43 s 3 exp 1 July 2025 (see s 7(4))'. The section was inserted and expired within the same legislative cycle. While self-expiring provisions are not inherently unlawful, the cross-reference to 's 7(4)' appears anomalous as section 7 as reproduced does not appear to have a subsection (4), suggesting a drafting error or reference to a provision not reproduced.","confidence":0.65,"description":"Section 7A expired on 1 July 2025 by its own terms but remains in the legislation"},{"type":"impossible_compliance","section":"sec.38(1)","severity":"low","reasoning":"Section 38(1) requires that for a corporation to be an appropriate person for a fireworks contractor licence, an executive officer or employee must hold a fireworks operator licence and have held it for 3 years or more. A newly incorporated company whose key personnel are qualified but have not yet held the licence for 3 years cannot obtain the contractor licence, regardless of actual competence. While this is a deliberate experience requirement, the practical impossibility for new entrants without prior individual licensure history amounts to a structural barrier that may produce irrational outcomes where experienced overseas practitioners cannot satisfy a time-based Queensland licence holding requirement.","confidence":0.6,"description":"A corporation can hold a fireworks contractor licence via a qualifying executive officer or employee, but those individuals must simultaneously hold a fireworks operator licence — creating a potential circular dependency for new market entrants"}],"contradictions":[{"severity":"low","section_a":"sec.8(1)","section_b":"sec.8AA(3) and sec.8AA(4)","confidence":0.58,"description":"Section 8 exempts police officers acting in the course of official duties from Part 4 divisions 2, 7 and 8, while section 8AA separately grants QPS access to explosives without security clearances but then re-imposes an age condition that could conflict with the general exemption framework"},{"severity":"medium","section_a":"sec.6(1)(b) and sec.6(2)","section_b":"sec.6(3)","confidence":0.7,"description":"Section 6(1)(b) declares ammunition that does not contain explosives to be an explosive, but section 6(2) excludes this from section 38 of the Act, and section 6(3) clarifies that ammunition for this purpose excludes inert components of small arms ammunition. The combined effect means some inert components are explosives (under sec.6(1)(b)) but simultaneously excluded from being 'ammunition' for the purposes of that declaration (under sec.6(3)), creating an unclear status for those components."},{"severity":"medium","section_a":"sec.8AA(3)","section_b":"sec.8AB(3)","confidence":0.65,"description":"Section 8AA(3) allows the Queensland Police Service to permit employee access to explosives without a security clearance and without direct supervision by a clearance holder. Section 8AB(3) allows government entities to be issued security sensitive authorities even without cleared executive officers. Together these provisions create an asymmetry where QPS employees and government entity personnel can operate outside the security clearance framework, while private sector operators face full security clearance requirements, yet both may handle the same explosives."},{"severity":"medium","section_a":"sec.35(1)(a)","section_b":"sec.34(1)(d)","confidence":0.75,"description":"A fireworks operator licence authorises use of fireworks only 'for the purpose of a fireworks display organised by a fireworks contractor', and a fireworks contractor licence authorises supply only to a fireworks operator 'for use by the fireworks operator in a fireworks display organised by the fireworks contractor'. This creates a mutual dependency: a fireworks operator can only act under a contractor, and a contractor can only supply to an operator. There is no provision for a situation where the same individual holds both licences and wishes to act as their own contractor and operator simultaneously, creating potential circularity."},{"severity":"high","section_a":"sec.18A(1)(a)","section_b":"sec.36A(1)(a)(i)","confidence":0.8,"description":"Section 18A prescribes 21 years as the minimum age for an employee driving a vehicle transporting explosives. Section 36A prescribes 21 years as a requirement for an explosives driver licence. These are consistent, however section 18A(2) explicitly excludes mine employees from the age requirement, meaning a person under 21 could be employed at a mine to drive a vehicle transporting explosives without needing to satisfy the age requirement, yet they would still require an explosives driver licence under section 36A which mandates they be 21 or more — creating an impossible compliance scenario for under-21 mine vehicle drivers."},{"severity":"medium","section_a":"sec.9(2)(a)","section_b":"sec.10(2)","confidence":0.68,"description":"Section 9 allows alternative safety and security measures that achieve a risk level 'equal to or less than' the stated provision — implying the stated provision sets the risk benchmark. Section 10 states that this regulation prevails over Australian Standards, codes of practice, UN model regulations and UN tests and criteria in the event of inconsistency. However, section 9 uses compliance with those same documents as the benchmark for assessing alternative measures. If this regulation overrides those documents under section 10, the benchmark in section 9 becomes undefined or self-referential in cases of inconsistency."}]},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation has expanded noticeably beyond its original 2017 scope through a series of amendments (2019, 2020, 2022, 2023, 2024, 2025). Key expansions include: the addition of an explosives driver licence as a new authority type; new security clearance notification obligations for licence holders; specific exemptions for the Queensland Police Service and other government/Commonwealth entities from security clearance requirements; inclusion of ammonium nitrate and certain ammunition as security-sensitive explosives; and minimum age requirements for employees handling explosives. These amendments reflect an increased focus on security and counter-terrorism concerns (particularly around ammonium nitrate after events like the Beirut explosion) that went beyond the original regulatory intent of safety and licensing administration."},"complexity_factors":["15 distinct licence/permit types, each with different authorised activities, conditions, age requirements, and fee structures","Multiple layers of interaction between this regulation and the parent Explosives Act, requiring cross-referencing to understand obligations","Security clearance framework involves separate rules for individuals, corporations, listed corporations, partnerships, government entities, and Commonwealth entities — each with tailored exemptions","Technical classification system based on UN Model Regulations (international dangerous goods standards), Australian explosives codes, and UN tests and criteria","Multiple categories of exempt persons (police, inspectors, corrective services, government agencies) with different exemptions applying to different divisions of the parent Act","Competency assessment requirements tied to registered training organisations and industry training packages that are not set out in the regulation itself","Broad definitional expansion of 'explosive' to include non-explosive substances (ammonium nitrate, certain ammunition, precursor chemicals) with carve-outs and exceptions within those expansions","Alternative compliance pathway (alternative safety and security measures) that requires risk-equivalence assessment — inherently subjective and requiring specialist knowledge to apply","Regulation has been amended multiple times since 2017, creating version-tracking complexity","Overlapping regulatory frameworks: UN model regulations, Australian Standards, codes of practice, and this regulation all potentially apply simultaneously, with a hierarchy of precedence"],"plain_english_summary":"This regulation implements the Explosives Act by tightly controlling manufacture, storage, transport, sale, use and import/export of explosives and certain precursor chemicals. It creates a comprehensive licensing and security‑clearance system affecting miners, construction firms, shotfirers, fireworks contractors/operators, transport drivers, ammunition collectors, manufacturers/vendors and businesses handling ammonium nitrate or specialist ammunition (with some government exemptions).\n\nIt matters because it restricts access to hazardous materials to vetted, trained people, requires documented safety measures, and enforces accountability with substantial penalties for breaches."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"This version materially broadened the operational and administrative scope compared with a simpler licensing-focused regime. Additions and changes include: explicit security‑sensitive classifications and exemptions (s8A, s8AA, s8AB); a mandatory safety and security management system regime with prescribed procedures and security plans (s46A–46D, schedule 3); an administrative determinations regime and a clearer competent‑authority model for transport (s145A–s145O); port explosives limits process and interim powers (s65–s69); government magazine operational, fees and sale/disposal mechanics (s111–s125); and a safety‑and‑health census and fee mechanism (Part 12, s178–s179). These additions extend the regulator’s role from licensing/enforcement into ongoing operational oversight, fee collection, security‑vetting and active management of port and magazine capacity. The amendments therefore move the instrument beyond simple permissive or prohibitive rules into a detailed, ongoing regulatory infrastructure with sustained compliance and reporting obligations for industry."},"complexity_factors":["Over 200 substantive sections spanning many Parts and Divisions (comprehensive coverage of manufacture, storage, transport, sale, use, ports, government magazines, fireworks and fees).","Large number of defined terms and cross-references to other instruments (the Act, Australian Standards, Australian explosives code, Australian dangerous goods code, UN model regulations, precursor code, mobile manufacturing code).","Multiple conditional regimes and nested exceptions (eg. security‑sensitive vs non‑sensitive explosives; exemptions for police, government, magazines; different storage/transport rules depending on class, location and licence) (see s6, s8, s48, s95, s135).","Detailed obligations with procedural steps: application, information requirements, validation, remedial notice processes, approvals and reviews (s13–s18, s67–s69, s145B–s145K, s184).","Safety and security management system requirements with many required system and operational procedures (s46A, schedule 3, including schedule 3 part 1 and part 2 obligations).","Fees and census regime with reporting timelines, late fees, interest and recovery procedures (Part 12: s178–s183, s179C).","Inspector/administrator discretion and enforcement tools (remedial notices, interim explosives limits, forfeiture/sale of stored explosives, suspension/cancellation of determinations) increasing conditional logic (s9, s69, s123–s125, s145N).","Multiple record‑keeping and retention rules with differing retention periods and disclosure limits (s45, s90–s91, s109, s179C, s185).","Overlapping penalties and tiered maximums across many small offences (possession, sale, reporting failures, false statements) requiring careful compliance mapping (eg. s18B, s43, s87, s93, s187)."],"plain_english_summary":"**What this regulation does (mechanics first)**\n\n- Establishes a detailed licensing, approval and compliance framework for explosives in Queensland. It sets who may manufacture, import, export, store, sell, transport and use different types of explosives and under what conditions (see Parts 2–11). Key authorisations include licences and permits for manufacturing, selling, storing, transporting, using explosives and specific occupational licences (shotfirer, fireworks contractor/operator, explosives driver) (s19, s24–s36A).\n\n- Creates security-sensitive classifications and requires security clearances for certain explosives and authorities; it also prescribes who may be exempted from clearance requirements (s8A, s8AA, s8AB). It requires holders and holders’ employees to notify the chief inspector of events that may affect suitability (s18B, s43, s43A).\n\n- Requires holders of many authorities that employ people to have, document and operate a safety and security management system (SSMS) and security plan. The SSMS must include system and operational procedures listed in schedule 3 and a security plan identifying risks and record-keeping to establish chain of custody (s46A, s46C, schedule 3).\n\n- Prescribes detailed operational rules for specific activities: manufacture (Part 6), storage (Part 8), transport (Part 9), use (Part 10), sale (Part 7), fireworks displays (Part 10, div.3), and ammunition collection (Part 11). Those rules reference Australian Standards, the Australian explosives code, the Australian dangerous goods code and UN model regulations, and allow approved alternative measures where they achieve equivalent risk (s9, s10, s73, s105, s136, etc.).\n\n- Sets record-keeping, signage, inspection and auditing obligations for licence/permit holders, and gives inspectors and the chief inspector powers to request documents, inspect, issue remedial notices and take enforcement action (for example, record keeping for sales and stocktakes s90, s109; inspections s108; remedial notices s9 and Act cross-references).\n\n- Establishes processes for: declaring authorised or prohibited explosives and approving experimental trials (s12–s18); approving explosives limits for ports and imposing interim limits (s65–s69); government magazine operation, storage and fee recovery rules (s111–s126); and determinations and administrative/operational exemptions for transport safety under a competent authority model (s145A–s145O).\n\n- Introduces a safety-and-health fee and census regime requiring holders to report worker numbers and pay fees to support regulator safety/health activities (Part 12: s177–s183).\n\n- Sets offences and penalties for non‑compliance across many areas (possession, sale to unauthorised persons, false statements, failure to notify, record‑keeping failures, etc.) with penalties scaled by seriousness (e.g. s187, s188, s90, s91, s18B).\n\n**Who it affects**\n\n- Businesses and individuals who handle explosives in any regulated way: manufacturers, importers/exporters, sellers, transport operators, storage facility operators, shotfirers, fireworks contractors/operators, collectors of ammunition, and holders of other specific licences (see s19).\n\n- Employers who hold authorities and employ people to carry out explosives activities (must implement SSMS and training) (s46A, s147).\n\n- Port authorities and port operators handling explosives — must prepare explosives limits documents and comply with approved limits (s65–s69, s66–67).\n\n- Government entities involved in storage or emergency response (chief inspector, government magazine managers) and the Queensland Police Service (specified exemptions and special arrangements at s8, s8AA).\n\n- Consumers and new clients purchasing security-sensitive explosives — sellers must carry out identity and licence checks and in many cases seek validation from the chief inspector before sale (s88–s90).\n\n**Why it matters (policy effects and implementation mechanics)**\n\n- Safety and security: The regulation translates high‑level prohibitions and duties in the Act into operational rules and standards (packaging, labelling and classification requirements, storage and transport standards) and requires documented management systems and security plans (s46A, s46C, s73, s105, s136). That creates a compliance baseline for risk control and chain-of-custody.\n\n- Administrative control and discretion: The chief inspector/competent authority has extensive decision-making powers — to issue, condition, suspend or cancel authorities and administrative determinations; to approve port explosives limits and to approve exemptions and alternative measures (s13–s18, s67–s69, s145B–s145K). Those powers centralise operational discretion in a regulator whose procedural obligations and review rights are set out (external review references s184).\n\n- Compliance costs and incentives: The regulation imposes recurring compliance burdens — licences, security clearances, SSMS development and maintenance, record-keeping (often multi‑year retention), audits, insurer requirements for transport, notifications, and fees (s46A, s179C, s144, s178). These are direct costs to operators and likely raise fixed and ongoing operating costs, particularly for smaller operators and contractors. The safety & health fee (Part 12) creates an explicit charging mechanism linked to reported worker numbers (s178–s179).\n\n- Market effects and behaviour change: Sellers must verify new customers for security-sensitive explosives and obtain chief inspector validation before supply (s88–s89). Transporters face insurance and vehicle‑specification conditions (s144, s136). Storage and manufacturing licence‑holders must adopt SSMS and security plans, which shifts activity toward formalised, auditable processes (s46A–46D, schedule 3). These requirements increase barriers to entry for informal operators and create administrative overhead for legitimate operators.\n\n- Concentrated benefits and costs: Benefits (regulatory clarity, central oversight, and pooled enforcement capability) are concentrated among public safety agencies and larger licensed operators who can absorb compliance costs; costs (administrative, training, record-keeping, potential licence restrictions) are more diffuse across many small licensees, contractors and retailers (s21, s178, s73, s90). The chief inspector’s powers to sell or dispose of stored explosives and recover fees (s122–s125) concentrate leverage in the regulator’s hands.\n\n- Risks and trade‑offs: The chief inspector’s broad discretion (approvals, determinations, interim port limits, suspension/cancellation of administrative determinations) increases administrative flexibility but creates implementation risks — variable treatment between applicants, possible delays, and administrative burdens for industry (s67, s69, s145I–s145N). Alternative safety measures are allowed (s9), but they must demonstrably achieve equivalent risk, placing the evidentiary burden on businesses.\n\n**Who pays, who decides, what behaviour changes (summary)**\n\n- Who pays: licence and security clearance applicants (fees s21, s18D), holders paying safety & health fees (Part 12 s178), port operators preparing explosives limits (administrative cost), handlers paying insurance for certain transports (s144), and commercial users who must implement SSMS (s46A) and training (s147).\n\n- Who decides: the chief inspector (central regulator) and inspectors exercise large powers — issuing licences, approving explosives, validating client identity/licences, approving SSMS alternatives, imposing port limits, and enforcing compliance (s13–s18, s46A, s66–69, s88–s89, s145B). For transport determinations, the chief inspector functions as the competent authority (s145A–s145G).\n\n- What behaviour changes: businesses must formalise safety and security systems, increase record-keeping and auditability, validate client identity before sales of security-sensitive explosives, purchase specified insurance for transport, and comply with port-specific explosives limits. Employers will need to train and supervise personnel and keep records for 5–7 years depending on the requirement (s185, s179C). Non-compliance risks penalties, licence suspension/cancellation, and civil recovery of unpaid fees.\n\n**Implementation and compliance risk factors**\n\n- High administrative overhead for many small operators (SSMS development, record retention, regular inspections and stocktakes — s46A, s109).\n\n- Regulatory discretion concentrated in the chief inspector — requires clear procedural guidance to avoid inconsistent decisions (s67, s145E–s145K).\n\n- Evidence burden for alternative measures — operators proposing alternatives must document and prove equal-or-lower risk and be ready for remedial notices (s9).\n\n- Data and audit load for the safety and health census and fee calculations — requires payroll/worker-hour tracking and retention of supporting records for 7 years (s179–s179C).\n\n**Representative section references (non‑exhaustive)**\n- Licensing and types of authorities: s19, s24–s36A\n- Safety & security management systems: s46A–s46D; schedule 3\n- Security sensitive explosives and clearance exemptions: s8A, s8AA, s8AB\n- Sale and verification of security‑sensitive explosives: s82–s91 (especially s88–s89)\n- Transport conditions and insurance: s136, s144, s145\n- Port explosives limits and approvals: s65–s69\n- Government magazine powers, storage and fee recovery: s111–s125\n- Determinations and competent authority for transport: s145A–s145O\n- Safety and health census and fee: Part 12 (s177–s183)\n- Offences and penalties (examples): s87 (reporting suspicious requests), s93 (purchasing offences), s187 (giving explosives to unauthorised person).\n\n**Bottom line**\nMechanically, the Explosives Regulation 2017 turns statutory duties in the Act into a comprehensive operational regime: it prescribes classes of explosives, licensing categories and detailed obligations for safety, security, storage, transport and sale; sets reporting/fee rules; and gives the chief inspector wide operational powers. The practical effect is to shift activity towards formal, documented management systems, stricter identity and licence verification for sensitive sales, and regulator‑driven approvals and oversight. These produce clearer compliance standards but raise compliance costs, expand regulator discretion, and allocate administrative burdens disproportionately to smaller operators and retailers. Where the regulation allows alternatives to standards (s9), the onus is on industry to demonstrate equivalence."}},"importantCases":[],"_links":{"self":"/api/acts/explosives-regulation-2017","history":"/api/acts/explosives-regulation-2017/history","analysis":"/api/acts/explosives-regulation-2017/analysis","conflicts":"/api/acts/explosives-regulation-2017/conflicts","importantCases":"/api/acts/explosives-regulation-2017/important-cases","documents":"/api/acts/explosives-regulation-2017/documents"}}