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Queensland act
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Direct links to the current provisions in Explosives Act 1999.
This Act may be cited as the Explosives Act 1999 .
This Act commences on a day to be fixed by proclamation.
The purpose of this Act is to regulate the handling of, and access to, explosives to protect public health and safety, property and the environment. The purpose is achieved primarily by— enabling explosives to be declared as authorised explosives or prohibited explosives; and requiring an authority for the handling of explosives; and ensuring that persons who hold an authority in relation to a security sensitive explosive also hold a security clearance; and ensuring explosives are accessed only by persons— who hold a security clearance; or who are under the direct supervision of a person who holds a security clearance; and imposing a duty of care and other obligations on persons who handle explosives; and enabling investigations and inquiries to be carried out for explosives incidents. s 2A ins 2019 No. 7 s 22 (sec.2A-ssec.1) The purpose of this Act is to regulate the handling of, and access to, explosives to protect public health and safety, property and the environment. (sec.2A-ssec.2) The purpose is achieved primarily by— enabling explosives to be declared as authorised explosives or prohibited explosives; and requiring an authority for the handling of explosives; and ensuring that persons who hold an authority in relation to a security sensitive explosive also hold a security clearance; and ensuring explosives are accessed only by persons— who hold a security clearance; or who are under the direct supervision of a person who holds a security clearance; and imposing a duty of care and other obligations on persons who handle explosives; and enabling investigations and inquiries to be carried out for explosives incidents.
The dictionary in schedule 2 defines particular words used in this Act.
This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State. s 4A ins 2007 No. 46 s 45
This Act does not apply to explosives to which the Explosives Act 1961 (Cwlth) applies.
If there is an inconsistency between this Act and an Act about mining, the Act about mining prevails to the extent of the inconsistency. In subsection (1) — Act about mining means— the Coal Mining Safety and Health Act 1999 ; or the Mining and Quarrying Safety and Health Act 1999 . s 6 amd 2004 No. 4 s 57 sch ; 2004 No. 25 s 959 (sec.6-ssec.1) If there is an inconsistency between this Act and an Act about mining, the Act about mining prevails to the extent of the inconsistency. (sec.6-ssec.2) In subsection (1) — Act about mining means— the Coal Mining Safety and Health Act 1999 ; or the Mining and Quarrying Safety and Health Act 1999 .
A regulation may exempt an explosive from this Act or any of its provisions. A regulation may also exempt any of the following from this Act or any of its provisions— a government entity; a Commonwealth entity. An exemption may be given on stated conditions. If an exemption is given on conditions, the exemption operates only if the conditions are complied with. s 7 amd 2024 No. 34 s 104 (sec.7-ssec.1) A regulation may exempt an explosive from this Act or any of its provisions. (sec.7-ssec.2) A regulation may also exempt any of the following from this Act or any of its provisions— a government entity; a Commonwealth entity. (sec.7-ssec.3) An exemption may be given on stated conditions. (sec.7-ssec.4) If an exemption is given on conditions, the exemption operates only if the conditions are complied with.
The chief inspector may declare an explosive to be an authorised explosive for this Act. Before making a declaration under subsection (1) , the chief inspector must— define the composition, quality and character of the explosive; and classify the explosive in a way prescribed under a regulation. If the composition, quality or character of an authorised explosive changes, the explosive stops being an authorised explosive. (sec.8-ssec.1) The chief inspector may declare an explosive to be an authorised explosive for this Act. (sec.8-ssec.2) Before making a declaration under subsection (1) , the chief inspector must— define the composition, quality and character of the explosive; and classify the explosive in a way prescribed under a regulation. (sec.8-ssec.3) If the composition, quality or character of an authorised explosive changes, the explosive stops being an authorised explosive.
The chief inspector must keep a register of authorised explosives. The register— must include the defined composition, quality, character and classification of each authorised explosive; and is not open to inspection by anyone other than the chief inspector or an inspector. However, the chief inspector must give a list of authorised explosives to anyone who asks for it. The list must not include the defined composition, quality or character of the explosives named in it. (sec.9-ssec.1) The chief inspector must keep a register of authorised explosives. (sec.9-ssec.2) The register— must include the defined composition, quality, character and classification of each authorised explosive; and is not open to inspection by anyone other than the chief inspector or an inspector. (sec.9-ssec.3) However, the chief inspector must give a list of authorised explosives to anyone who asks for it. (sec.9-ssec.4) The list must not include the defined composition, quality or character of the explosives named in it.
A regulation may declare an explosive to be a prohibited explosive.
A person must not manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive. Maximum penalty—400 penalty units or 6 months imprisonment. Subsection (1) does not apply to an act done under an explosives trial approval. (sec.11-ssec.1) A person must not manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive. Maximum penalty—400 penalty units or 6 months imprisonment. (sec.11-ssec.2) Subsection (1) does not apply to an act done under an explosives trial approval.
A regulation may authorise the chief inspector to issue to a person an approval to manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive for trial, experiment or examination (an explosives trial approval ).
An individual may apply to the chief inspector for a security clearance. The application must— be in the approved form; and be accompanied by the fee prescribed by regulation; and include or be accompanied by the information prescribed by regulation. s 12A ins 2019 No. 7 s 24 (sec.12A-ssec.1) An individual may apply to the chief inspector for a security clearance. (sec.12A-ssec.2) The application must— be in the approved form; and be accompanied by the fee prescribed by regulation; and include or be accompanied by the information prescribed by regulation.
The chief inspector may decide to give a security clearance to the applicant only if satisfied the applicant is a suitable person to hold the security clearance. In deciding whether the applicant is a suitable person to hold the security clearance, the chief inspector— must consider— the applicant’s criminal history; and whether the applicant has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and whether release conditions have, at any time, been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 ; and may consider— the applicant’s mental health; and information about the applicant that indicates the applicant is a risk to public safety or it would be contrary to the public interest for the applicant to hold the security clearance; and anything else relevant to the applicant’s suitability to hold the security clearance. The applicant is not a suitable person to hold the security clearance if— the applicant is named as the respondent in a domestic violence order, police protection direction, or police protection notice, that is in force; or release conditions have been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 and the release conditions are in force. s 12B ins 2019 No. 7 s 24 amd 2025 No. 18 s 54 (sec.12B-ssec.1) The chief inspector may decide to give a security clearance to the applicant only if satisfied the applicant is a suitable person to hold the security clearance. (sec.12B-ssec.2) In deciding whether the applicant is a suitable person to hold the security clearance, the chief inspector— must consider— the applicant’s criminal history; and whether the applicant has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and whether release conditions have, at any time, been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 ; and may consider— the applicant’s mental health; and information about the applicant that indicates the applicant is a risk to public safety or it would be contrary to the public interest for the applicant to hold the security clearance; and anything else relevant to the applicant’s suitability to hold the security clearance. (sec.12B-ssec.3) The applicant is not a suitable person to hold the security clearance if— the applicant is named as the respondent in a domestic violence order, police protection direction, or police protection notice, that is in force; or release conditions have been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 and the release conditions are in force.
The chief inspector must, after considering the application and any other information obtained in relation to the application, decide to— give the security clearance; or refuse to give the security clearance. See also section 123S (2) . If the chief inspector decides to give the security clearance, the chief inspector must promptly give the applicant the security clearance. If the chief inspector decides to refuse to give the security clearance, the chief inspector must promptly give the applicant an information notice for the decision. s 12C ins 2019 No. 7 s 24 amd 2024 No. 34 s 105 (sec.12C-ssec.1) The chief inspector must, after considering the application and any other information obtained in relation to the application, decide to— give the security clearance; or refuse to give the security clearance. See also section 123S (2) . (sec.12C-ssec.2) If the chief inspector decides to give the security clearance, the chief inspector must promptly give the applicant the security clearance. (sec.12C-ssec.3) If the chief inspector decides to refuse to give the security clearance, the chief inspector must promptly give the applicant an information notice for the decision.
A security clearance must— be in the approved form; and include a digital photo, and digitised signature, of the holder of the security clearance. s 12D ins 2019 No. 7 s 24
A security clearance is given for the term, of not more than 5 years, stated in the security clearance. The security clearance expires at the end of the stated term. s 12E ins 2019 No. 7 s 24 (sec.12E-ssec.1) A security clearance is given for the term, of not more than 5 years, stated in the security clearance. (sec.12E-ssec.2) The security clearance expires at the end of the stated term.
The holder of a security clearance may apply for the renewal of the security clearance. The application must be made to the chief inspector before the security clearance expires. Sections 12A (2) to 12E apply to the application as if— a reference in the sections to an application for a security clearance were a reference to an application to renew a security clearance; and a reference in the sections to the giving of a security clearance were a reference to the renewal of a security clearance; and a reference in sections 12D and 12E to a security clearance were a reference to a renewed security clearance. s 12F ins 2019 No. 7 s 24 (sec.12F-ssec.1) The holder of a security clearance may apply for the renewal of the security clearance. (sec.12F-ssec.2) The application must be made to the chief inspector before the security clearance expires. (sec.12F-ssec.3) Sections 12A (2) to 12E apply to the application as if— a reference in the sections to an application for a security clearance were a reference to an application to renew a security clearance; and a reference in the sections to the giving of a security clearance were a reference to the renewal of a security clearance; and a reference in sections 12D and 12E to a security clearance were a reference to a renewed security clearance.
This section applies in relation to the following persons— an applicant for a security clearance; the holder of a security clearance. The chief inspector may ask the commissioner for a written report about— the person’s criminal history, including a brief description of the nature of any offence giving rise to a conviction or charge mentioned in the person’s criminal history; and whether the person has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and whether release conditions have, at any time, been imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 . The commissioner must give the report to the chief inspector. However, the report is required to contain only information about the matters mentioned in subsection (2) — in the commissioner’s possession; or to which the commissioner has access. s 12G ins 2019 No. 7 s 24 amd 2025 No. 18 s 55 (sec.12G-ssec.1) This section applies in relation to the following persons— an applicant for a security clearance; the holder of a security clearance. (sec.12G-ssec.2) The chief inspector may ask the commissioner for a written report about— the person’s criminal history, including a brief description of the nature of any offence giving rise to a conviction or charge mentioned in the person’s criminal history; and whether the person has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and whether release conditions have, at any time, been imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 . (sec.12G-ssec.3) The commissioner must give the report to the chief inspector. (sec.12G-ssec.4) However, the report is required to contain only information about the matters mentioned in subsection (2) — in the commissioner’s possession; or to which the commissioner has access.
This section applies if— the commissioner reasonably suspects a person is— an applicant for a security clearance; or the holder of a security clearance; and any of the following events happens after the application is made or during the term of the security clearance— the person’s criminal history changes; the person is named as the respondent in a domestic violence order, police protection direction or police protection notice; release conditions are imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 . The commissioner must give the chief inspector a written notice about the event. The notice must— state— the person’s name and any other name the commissioner believes the person may use or may have used; and the person’s date and place of birth; and if subsection (1) (b) (i) applies—include a brief description of the nature of the offence or alleged offence giving rise to the conviction or charge to which the change relates; and if subsection (1) (b) (ii) or (iii) applies—be accompanied by a copy of the domestic violence order, police protection direction, police protection notice or release conditions. The chief inspector may confirm the suspicions of the commissioner mentioned in subsection (1) (a) . For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history. s 12H ins 2019 No. 7 s 24 amd 2025 No. 18 s 56 (sec.12H-ssec.1) This section applies if— the commissioner reasonably suspects a person is— an applicant for a security clearance; or the holder of a security clearance; and any of the following events happens after the application is made or during the term of the security clearance— the person’s criminal history changes; the person is named as the respondent in a domestic violence order, police protection direction or police protection notice; release conditions are imposed on the person under the Domestic and Family Violence Protection Act 2012 , section 125 . (sec.12H-ssec.2) The commissioner must give the chief inspector a written notice about the event. (sec.12H-ssec.3) The notice must— state— the person’s name and any other name the commissioner believes the person may use or may have used; and the person’s date and place of birth; and if subsection (1) (b) (i) applies—include a brief description of the nature of the offence or alleged offence giving rise to the conviction or charge to which the change relates; and if subsection (1) (b) (ii) or (iii) applies—be accompanied by a copy of the domestic violence order, police protection direction, police protection notice or release conditions. (sec.12H-ssec.4) The chief inspector may confirm the suspicions of the commissioner mentioned in subsection (1) (a) . (sec.12H-ssec.5) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history.
This section applies in relation to the following persons— an applicant for a security clearance; the holder of a security clearance. The chief inspector may, by written notice given to the person, ask the person to give the chief inspector further information the chief inspector reasonably needs about the person’s mental health to decide whether the person is a suitable person to hold, or to continue to hold, a security clearance. Without limiting subsection (2) , the chief inspector may ask the person to give the chief inspector a report from a doctor or psychologist about the person’s mental health. The notice must state that the information must be given within the period, of at least 28 days after the notice is given, stated in the notice. If the chief inspector is given a report mentioned in subsection (3) , the chief inspector may— make information about the person having access to explosives available to the doctor or psychologist who prepared the report; and ask the doctor or psychologist to give the chief inspector a further report about the person’s mental health. The chief inspector may make the information available to the doctor or psychologist only if the chief inspector reasonably considers— the doctor or psychologist was not aware of the information; and the information may influence the doctor’s or psychologist’s opinion about the person’s mental health. If the chief inspector makes the information available to the doctor or psychologist, the chief inspector must advise the person of that fact. The chief inspector may make the information available to the doctor or psychologist despite any other Act. s 12I ins 2019 No. 7 s 24 (sec.12I-ssec.1) This section applies in relation to the following persons— an applicant for a security clearance; the holder of a security clearance. (sec.12I-ssec.2) The chief inspector may, by written notice given to the person, ask the person to give the chief inspector further information the chief inspector reasonably needs about the person’s mental health to decide whether the person is a suitable person to hold, or to continue to hold, a security clearance. (sec.12I-ssec.3) Without limiting subsection (2) , the chief inspector may ask the person to give the chief inspector a report from a doctor or psychologist about the person’s mental health. (sec.12I-ssec.4) The notice must state that the information must be given within the period, of at least 28 days after the notice is given, stated in the notice. (sec.12I-ssec.5) If the chief inspector is given a report mentioned in subsection (3) , the chief inspector may— make information about the person having access to explosives available to the doctor or psychologist who prepared the report; and ask the doctor or psychologist to give the chief inspector a further report about the person’s mental health. (sec.12I-ssec.6) The chief inspector may make the information available to the doctor or psychologist only if the chief inspector reasonably considers— the doctor or psychologist was not aware of the information; and the information may influence the doctor’s or psychologist’s opinion about the person’s mental health. (sec.12I-ssec.7) If the chief inspector makes the information available to the doctor or psychologist, the chief inspector must advise the person of that fact. (sec.12I-ssec.8) The chief inspector may make the information available to the doctor or psychologist despite any other Act.
This section applies if an applicant for a security clearance, or the renewal of a security clearance, does not comply with a notice given to the applicant under section 12I (2) . The applicant is taken to have withdrawn the application for the security clearance or the renewal of the security clearance. s 12J ins 2019 No. 7 s 24 (sec.12J-ssec.1) This section applies if an applicant for a security clearance, or the renewal of a security clearance, does not comply with a notice given to the applicant under section 12I (2) . (sec.12J-ssec.2) The applicant is taken to have withdrawn the application for the security clearance or the renewal of the security clearance.
Information about a person given to the chief inspector under section 12G or 12H may be used only for making a decision— under section 12B about whether the person is a suitable person to hold a security clearance; or under section 24 or 25 about— whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A (1) (b) or (c) ; or whether to suspend or cancel an authority held by the person on the ground mentioned in section 23 (1) (c) . Information about a person given to the chief inspector under section 12I may be used only— for making a decision under section 12B about whether the person is a suitable person to hold a security clearance; or for making a decision under section 24 or 25 about whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A (1) (c) ; or to investigate or prosecute an offence against this Act. Subsection (4) applies if, in making a decision mentioned in subsection (1) , the chief inspector is considering information about— the commission of an offence by the person; or the alleged or possible commission of an offence by the person. The chief inspector must also consider— when the offence was committed, is alleged to have been committed or may possibly have been committed; and the nature of the offence, or alleged or possible offence, and its relevance to the person holding, or continuing to hold, a security clearance or authority; and any other matter the chief inspector considers relevant to the decision. This section is subject to section 132 . s 12K ins 2019 No. 7 s 24 (sec.12K-ssec.1) Information about a person given to the chief inspector under section 12G or 12H may be used only for making a decision— under section 12B about whether the person is a suitable person to hold a security clearance; or under section 24 or 25 about— whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A (1) (b) or (c) ; or whether to suspend or cancel an authority held by the person on the ground mentioned in section 23 (1) (c) . (sec.12K-ssec.2) Information about a person given to the chief inspector under section 12I may be used only— for making a decision under section 12B about whether the person is a suitable person to hold a security clearance; or for making a decision under section 24 or 25 about whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A (1) (c) ; or to investigate or prosecute an offence against this Act. (sec.12K-ssec.3) Subsection (4) applies if, in making a decision mentioned in subsection (1) , the chief inspector is considering information about— the commission of an offence by the person; or the alleged or possible commission of an offence by the person. (sec.12K-ssec.4) The chief inspector must also consider— when the offence was committed, is alleged to have been committed or may possibly have been committed; and the nature of the offence, or alleged or possible offence, and its relevance to the person holding, or continuing to hold, a security clearance or authority; and any other matter the chief inspector considers relevant to the decision. (sec.12K-ssec.5) This section is subject to section 132 .
A regulation may prescribe the authorities that may be issued under this Act and what each authority authorises.
A person may apply to the chief inspector for an authority. The application must— be made in the approved form; and be accompanied by the fee prescribed under a regulation for the authority. (sec.14-ssec.1) A person may apply to the chief inspector for an authority. (sec.14-ssec.2) The application must— be made in the approved form; and be accompanied by the fee prescribed under a regulation for the authority.
This section applies to the following persons— an applicant for an authority; an authority holder; an employee of an applicant for an authority; an employee of an authority holder. The chief inspector may make reasonable inquiries about the person to help in deciding whether the person— for subsection (1) (a) —is an appropriate person for the grant of an authority; or for subsection (1) (b) —continues to be an appropriate person to hold an authority; or for subsection (1) (c) —is an appropriate person to have access to explosives; or for subsection (1) (d) —continues to be an appropriate person to have access to explosives. If the person is an individual, the chief inspector may, for subsection (2) , make inquiries about the person’s identity, character, physical health and relevant experience and expertise. In deciding whether the person is an appropriate person, the chief inspector may consider, among other things— if the person is an individual— the person’s physical health; and whether the person has stated anything in, or in relation to, an application for an authority or the renewal of an authority the person knows is false or misleading in a material particular; or if the person is a corporation— whether the corporation is an insolvent under administration under the Corporations Act ; and whether the corporation has been convicted, in Queensland or elsewhere, of an offence involving a prescribed activity; and whether an executive officer of the corporation would be considered to be an appropriate person under this section; and information that indicates it would be contrary to the public interest for the corporation to hold an authority. Also, in deciding whether an applicant for an authority or an authority holder is an appropriate person, the chief inspector must consider whether the person has adequate facilities for the use and handling of explosives. Information required to be supplied under this section may be used only to decide whether the person is an appropriate person for this section or to investigate or prosecute an offence and must not be disclosed for any purpose other than as provided by section 132 . For this section, the chief inspector may— inspect the facilities mentioned in subsection (5) ; or supply information or a document relevant to the person’s identity to an officer or member of a State or Commonwealth police service; or require the person to display an adequate knowledge of safety and security practices for the use and handling of explosives. An applicant for an authority is taken to have withdrawn the application if the applicant fails to allow the inspection under subsection (7) (a) within a stated reasonable time (not less than 28 days after notice of the requirement is given to the applicant). s 15 amd 2007 No. 46 s 46 ; 2019 No. 7 s 25 (sec.15-ssec.1) This section applies to the following persons— an applicant for an authority; an authority holder; an employee of an applicant for an authority; an employee of an authority holder. (sec.15-ssec.2) The chief inspector may make reasonable inquiries about the person to help in deciding whether the person— for subsection (1) (a) —is an appropriate person for the grant of an authority; or for subsection (1) (b) —continues to be an appropriate person to hold an authority; or for subsection (1) (c) —is an appropriate person to have access to explosives; or for subsection (1) (d) —continues to be an appropriate person to have access to explosives. (sec.15-ssec.3) If the person is an individual, the chief inspector may, for subsection (2) , make inquiries about the person’s identity, character, physical health and relevant experience and expertise. (sec.15-ssec.4) In deciding whether the person is an appropriate person, the chief inspector may consider, among other things— if the person is an individual— the person’s physical health; and whether the person has stated anything in, or in relation to, an application for an authority or the renewal of an authority the person knows is false or misleading in a material particular; or if the person is a corporation— whether the corporation is an insolvent under administration under the Corporations Act ; and whether the corporation has been convicted, in Queensland or elsewhere, of an offence involving a prescribed activity; and whether an executive officer of the corporation would be considered to be an appropriate person under this section; and information that indicates it would be contrary to the public interest for the corporation to hold an authority. (sec.15-ssec.5) Also, in deciding whether an applicant for an authority or an authority holder is an appropriate person, the chief inspector must consider whether the person has adequate facilities for the use and handling of explosives. (sec.15-ssec.6) Information required to be supplied under this section may be used only to decide whether the person is an appropriate person for this section or to investigate or prosecute an offence and must not be disclosed for any purpose other than as provided by section 132 . (sec.15-ssec.7) For this section, the chief inspector may— inspect the facilities mentioned in subsection (5) ; or supply information or a document relevant to the person’s identity to an officer or member of a State or Commonwealth police service; or require the person to display an adequate knowledge of safety and security practices for the use and handling of explosives. (sec.15-ssec.8) An applicant for an authority is taken to have withdrawn the application if the applicant fails to allow the inspection under subsection (7) (a) within a stated reasonable time (not less than 28 days after notice of the requirement is given to the applicant).
This section applies to a person who is an applicant for, or the holder of, a security sensitive authority. The person is not an appropriate person to hold, or to continue to hold, the security sensitive authority if an employee of the person— has or will have unsupervised access to an explosive in the course of the employee’s employment; and does not hold a security clearance. For this section, an employee of the person has or will have unsupervised access to an explosive if the employee is or will be able to access the explosive other than in the presence, and under the direct supervision, of a person who holds a security clearance. Despite subsections (2) and (3) , if the person is a licensed dealer, the person is an appropriate person to hold, or to continue to hold, a security sensitive authority if the only employees of the person who have or will have unsupervised access to an explosive in the course of the employee’s employment, and who do not hold security clearances, are qualified weapons employees. s 15A ins 2019 No. 7 s 26 amd 2024 No. 34 s 106 (sec.15A-ssec.1) This section applies to a person who is an applicant for, or the holder of, a security sensitive authority. (sec.15A-ssec.2) The person is not an appropriate person to hold, or to continue to hold, the security sensitive authority if an employee of the person— has or will have unsupervised access to an explosive in the course of the employee’s employment; and does not hold a security clearance. (sec.15A-ssec.3) For this section, an employee of the person has or will have unsupervised access to an explosive if the employee is or will be able to access the explosive other than in the presence, and under the direct supervision, of a person who holds a security clearance. (sec.15A-ssec.4) Despite subsections (2) and (3) , if the person is a licensed dealer, the person is an appropriate person to hold, or to continue to hold, a security sensitive authority if the only employees of the person who have or will have unsupervised access to an explosive in the course of the employee’s employment, and who do not hold security clearances, are qualified weapons employees.
The chief inspector may, by written notice, require a person mentioned in section 15 (1) to give the chief inspector further information the chief inspector reasonably needs to be satisfied about the person’s identity or physical health. Without limiting subsection (1) , the chief inspector may ask the person to give the chief inspector a report from a doctor about the person’s physical health. The notice must— state that the information must be given within a stated reasonable time (not less than 28 days after the notice is given); and be given to— for a person mentioned in section 15 (1) (a) or (c) —the applicant for the authority; or for a person mentioned in section 15 (1) (b) or (d) —the authority holder. Information required to be supplied under this section may be used only to decide whether the person is an appropriate person for section 15 or to investigate or prosecute an offence and must not be disclosed for any purpose other than as provided under section 132 . An applicant for an authority is taken to have withdrawn the application if the applicant or the applicant’s employee fails to provide the information required under subsection (1) within the time stated in the notice. s 16 amd 2019 No. 7 s 27 (sec.16-ssec.1) The chief inspector may, by written notice, require a person mentioned in section 15 (1) to give the chief inspector further information the chief inspector reasonably needs to be satisfied about the person’s identity or physical health. (sec.16-ssec.2) Without limiting subsection (1) , the chief inspector may ask the person to give the chief inspector a report from a doctor about the person’s physical health. (sec.16-ssec.3) The notice must— state that the information must be given within a stated reasonable time (not less than 28 days after the notice is given); and be given to— for a person mentioned in section 15 (1) (a) or (c) —the applicant for the authority; or for a person mentioned in section 15 (1) (b) or (d) —the authority holder. (sec.16-ssec.4) Information required to be supplied under this section may be used only to decide whether the person is an appropriate person for section 15 or to investigate or prosecute an offence and must not be disclosed for any purpose other than as provided under section 132 . (sec.16-ssec.5) An applicant for an authority is taken to have withdrawn the application if the applicant or the applicant’s employee fails to provide the information required under subsection (1) within the time stated in the notice.
The chief inspector may, by written notice given to an applicant for an authority, require the applicant to give any other information the chief inspector reasonably needs to decide the application. s 16A ins 2019 No. 7 s 28
The chief inspector must consider an application for an authority and either— issue the authority with or without conditions; or refuse to issue the authority. See also section 123S (2) . If the application is for a security sensitive authority, the chief inspector must refuse to issue the authority unless— if the applicant is an individual—the applicant holds a security clearance; or if the applicant is a listed corporation— the corporation has a responsible person; and the responsible person holds a security clearance; or if the applicant is a corporation other than a listed corporation—each executive officer of the corporation holds a security clearance; or if the applicant is a partnership—each partner holds a security clearance. If the chief inspector decides to issue the authority, the chief inspector must promptly give the applicant— the authority; and if the authority is subject to conditions, an information notice for the decision to impose conditions. If the chief inspector decides not to issue the authority, the chief inspector must promptly— give the applicant an information notice for the decision; and refund fees paid by the applicant, other than fees for assessing the application. s 17 amd 2009 No. 24 s 483 ; 2019 No. 7 s 29 ; 2024 No. 34 s 107 (sec.17-ssec.1) The chief inspector must consider an application for an authority and either— issue the authority with or without conditions; or refuse to issue the authority. See also section 123S (2) . (sec.17-ssec.2) If the application is for a security sensitive authority, the chief inspector must refuse to issue the authority unless— if the applicant is an individual—the applicant holds a security clearance; or if the applicant is a listed corporation— the corporation has a responsible person; and the responsible person holds a security clearance; or if the applicant is a corporation other than a listed corporation—each executive officer of the corporation holds a security clearance; or if the applicant is a partnership—each partner holds a security clearance. (sec.17-ssec.3) If the chief inspector decides to issue the authority, the chief inspector must promptly give the applicant— the authority; and if the authority is subject to conditions, an information notice for the decision to impose conditions. (sec.17-ssec.4) If the chief inspector decides not to issue the authority, the chief inspector must promptly— give the applicant an information notice for the decision; and refund fees paid by the applicant, other than fees for assessing the application.
An authority holder must comply with the conditions prescribed under a regulation for each authority issued to the authority holder. Maximum penalty—200 penalty units. If the chief inspector imposes a condition on an authority, the authority holder must comply with the condition. Maximum penalty—200 penalty units. s 18 sub 2011 No. 2 s 31 (sec.18-ssec.1) An authority holder must comply with the conditions prescribed under a regulation for each authority issued to the authority holder. Maximum penalty—200 penalty units. (sec.18-ssec.2) If the chief inspector imposes a condition on an authority, the authority holder must comply with the condition. Maximum penalty—200 penalty units.
An authority must— be in the approved form; and if the authority is an occupational authority—include a digital photo, and digitised signature, of the holder of the authority. s 18A ins 2019 No. 7 s 30
An authority is for the term stated in the authority, but can not be for more than the term prescribed under a regulation. At the end of the term, the authority expires. (sec.19-ssec.1) An authority is for the term stated in the authority, but can not be for more than the term prescribed under a regulation. (sec.19-ssec.2) At the end of the term, the authority expires.
A licence, other than an occupational authority, may be transferred with the written approval of the chief inspector. Another type of authority can not be transferred. s 20 amd 2019 No. 7 s 31 (sec.20-ssec.1) A licence, other than an occupational authority, may be transferred with the written approval of the chief inspector. (sec.20-ssec.2) Another type of authority can not be transferred.
A licence is renewable. An authority other than a licence can not be renewed. (sec.21-ssec.1) A licence is renewable. (sec.21-ssec.2) An authority other than a licence can not be renewed.
This division applies to an application for the renewal of a licence. However, the chief inspector may renew a licence only if the application is made to the chief inspector before the licence expires. (sec.22-ssec.1) This division applies to an application for the renewal of a licence. (sec.22-ssec.2) However, the chief inspector may renew a licence only if the application is made to the chief inspector before the licence expires.
Each of the following is a ground for the suspension or cancellation of an authority— the authority was obtained because of incorrect or misleading information; the holder has contravened an authority condition; the holder is convicted of or charged with— an offence against this Act or an Act of another State about explosives; or another offence involving the use of explosives; the holder, or someone else required under a regulation to be an appropriate person for the issue of the authority, is not, or is no longer, an appropriate person; someone other than the holder controls the holder’s operations under the authority; the level of safety under which an activity is carried out under the authority is inadequate for ensuring the safety of a person; the measures used at a place at which an activity is carried out under the authority are inadequate for keeping an explosive at the place secure from access by a person who should not have access to the explosive; the holder of the authority has not complied with section 33 (3) ; if the holder of the authority is an individual—the holder’s security clearance has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a listed corporation— there is not a responsible person for the corporation; or the security clearance held by the responsible person for the corporation has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a corporation other than a listed corporation—the security clearance held by an executive officer of the corporation has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a partnership—the security clearance held by a partner has expired, or been cancelled, suspended or surrendered. However, subsection (1) (i) to (l) applies only if the authority is a security sensitive authority. s 23 amd 2019 No. 7 s 34; 2024 No. 34 s 108 (sec.23-ssec.1) Each of the following is a ground for the suspension or cancellation of an authority— the authority was obtained because of incorrect or misleading information; the holder has contravened an authority condition; the holder is convicted of or charged with— an offence against this Act or an Act of another State about explosives; or another offence involving the use of explosives; the holder, or someone else required under a regulation to be an appropriate person for the issue of the authority, is not, or is no longer, an appropriate person; someone other than the holder controls the holder’s operations under the authority; the level of safety under which an activity is carried out under the authority is inadequate for ensuring the safety of a person; the measures used at a place at which an activity is carried out under the authority are inadequate for keeping an explosive at the place secure from access by a person who should not have access to the explosive; the holder of the authority has not complied with section 33 (3) ; if the holder of the authority is an individual—the holder’s security clearance has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a listed corporation— there is not a responsible person for the corporation; or the security clearance held by the responsible person for the corporation has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a corporation other than a listed corporation—the security clearance held by an executive officer of the corporation has expired, or been cancelled, suspended or surrendered; if the holder of the authority is a partnership—the security clearance held by a partner has expired, or been cancelled, suspended or surrendered. (sec.23-ssec.2) However, subsection (1) (i) to (l) applies only if the authority is a security sensitive authority.
Each of the following is a ground for the suspension or cancellation of a security clearance— the security clearance was obtained because of incorrect or misleading information; the holder of the security clearance is, in Queensland or elsewhere, convicted of or charged with a relevant offence; the holder of the security clearance is no longer a suitable person to continue to hold the security clearance. In deciding whether the holder of a security clearance is no longer a suitable person to continue to hold the security clearance, the chief inspector may have regard to the matters mentioned in section 12B (2) . In this section— relevant offence means an offence— involving a prescribed activity; or involving violence or threatened violence; or involving the use, carriage, discharge or possession of a firearm; or relating to the misuse of drugs; or involving breaking and entering into premises, burglary, robbery, stealing or receiving stolen property; or involving fraud, the fabrication of evidence, perjury or the making of a false declaration or statement. s 23A ins 2019 No. 7 s 35 (sec.23A-ssec.1) Each of the following is a ground for the suspension or cancellation of a security clearance— the security clearance was obtained because of incorrect or misleading information; the holder of the security clearance is, in Queensland or elsewhere, convicted of or charged with a relevant offence; the holder of the security clearance is no longer a suitable person to continue to hold the security clearance. (sec.23A-ssec.2) In deciding whether the holder of a security clearance is no longer a suitable person to continue to hold the security clearance, the chief inspector may have regard to the matters mentioned in section 12B (2) . (sec.23A-ssec.3) In this section— relevant offence means an offence— involving a prescribed activity; or involving violence or threatened violence; or involving the use, carriage, discharge or possession of a firearm; or relating to the misuse of drugs; or involving breaking and entering into premises, burglary, robbery, stealing or receiving stolen property; or involving fraud, the fabrication of evidence, perjury or the making of a false declaration or statement.
This section applies if the chief inspector considers there is a ground to suspend or cancel an authority or security clearance (the proposed action ). Before taking the proposed action, the chief inspector must give the holder of the authority or security clearance a written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances that are the basis of the grounds; and if the proposed action is suspension of the authority or security clearance—the proposed suspension period; and that the holder may show, within a stated reasonable time (not less than 28 days after the notice is given to the holder) why the proposed action should not be taken. If, after considering all representations made within the stated time, the chief inspector still considers there is a ground to take the proposed action, the chief inspector may— if the proposed action was to suspend the authority or security clearance for a stated period—suspend the authority or security clearance for not longer than the proposed suspension period; or if the proposed action was to cancel the authority or security clearance—either cancel the authority or security clearance or suspend it for a period. The chief inspector must inform the holder of the authority or security clearance of the decision by written notice. If the chief inspector decides to suspend or cancel the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision. The decision takes effect on the day the notice is given to the holder of the authority or security clearance, or if a later day of effect is stated in the notice, the later day. However, if the authority or security clearance is suspended or cancelled because of the conviction of a person for an offence, the suspension or cancellation— does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided or otherwise ends; and has no effect if the conviction is quashed. s 24 amd 2009 No. 24 s 484 ; 2019 No. 7 s 36 (sec.24-ssec.1) This section applies if the chief inspector considers there is a ground to suspend or cancel an authority or security clearance (the proposed action ). (sec.24-ssec.2) Before taking the proposed action, the chief inspector must give the holder of the authority or security clearance a written notice stating— the proposed action; and the grounds for the proposed action; and an outline of the facts and circumstances that are the basis of the grounds; and if the proposed action is suspension of the authority or security clearance—the proposed suspension period; and that the holder may show, within a stated reasonable time (not less than 28 days after the notice is given to the holder) why the proposed action should not be taken. (sec.24-ssec.3) If, after considering all representations made within the stated time, the chief inspector still considers there is a ground to take the proposed action, the chief inspector may— if the proposed action was to suspend the authority or security clearance for a stated period—suspend the authority or security clearance for not longer than the proposed suspension period; or if the proposed action was to cancel the authority or security clearance—either cancel the authority or security clearance or suspend it for a period. (sec.24-ssec.4) The chief inspector must inform the holder of the authority or security clearance of the decision by written notice. (sec.24-ssec.5) If the chief inspector decides to suspend or cancel the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision. (sec.24-ssec.6) The decision takes effect on the day the notice is given to the holder of the authority or security clearance, or if a later day of effect is stated in the notice, the later day. (sec.24-ssec.7) However, if the authority or security clearance is suspended or cancelled because of the conviction of a person for an offence, the suspension or cancellation— does not take effect until— the end of the time to appeal against the conviction; and if an appeal is made against the conviction—the appeal is finally decided or otherwise ends; and has no effect if the conviction is quashed.
This section applies if the chief inspector is reasonably satisfied— urgent action is necessary in the particular circumstances; and undue delay in suspending or cancelling an authority or security clearance may cause harm to the public. The chief inspector may suspend or cancel an authority or security clearance for the reason mentioned in subsection (1) without previous notice to the holder of the authority or security clearance. However, the chief inspector must immediately inform the holder of the authority or security clearance of the decision by giving an information notice for the decision. The decision takes effect on the day the information notice is given to the holder of the authority or security clearance or, if a later day of effect is stated in the information notice, the later day. s 25 amd 2009 No. 24 s 485 ; 2019 No. 7 s 37 (sec.25-ssec.1) This section applies if the chief inspector is reasonably satisfied— urgent action is necessary in the particular circumstances; and undue delay in suspending or cancelling an authority or security clearance may cause harm to the public. (sec.25-ssec.2) The chief inspector may suspend or cancel an authority or security clearance for the reason mentioned in subsection (1) without previous notice to the holder of the authority or security clearance. (sec.25-ssec.3) However, the chief inspector must immediately inform the holder of the authority or security clearance of the decision by giving an information notice for the decision. (sec.25-ssec.4) The decision takes effect on the day the information notice is given to the holder of the authority or security clearance or, if a later day of effect is stated in the information notice, the later day.
This section applies to the holder of an authority or security clearance if— the holder is named as the respondent in— a temporary protection order; or a police protection notice; or release conditions are imposed on the holder under the Domestic and Family Violence Protection Act 2012 , section 125 . The authority or security clearance is suspended— if the holder is named as the respondent in a temporary protection order and is present in court when the order is made—while the order is in force; or if release conditions are imposed on the holder—while the release conditions are in force; or otherwise—from when the holder is served with the temporary protection order or police protection notice until the order or notice is no longer in force. In this section— temporary protection order means— a temporary protection order under the Domestic and Family Violence Protection Act 2012 ; or an interstate domestic violence order corresponding to a temporary protection order mentioned in paragraph (a) . s 25A ins 2019 No. 7 s 38 (sec.25A-ssec.1) This section applies to the holder of an authority or security clearance if— the holder is named as the respondent in— a temporary protection order; or a police protection notice; or release conditions are imposed on the holder under the Domestic and Family Violence Protection Act 2012 , section 125 . (sec.25A-ssec.2) The authority or security clearance is suspended— if the holder is named as the respondent in a temporary protection order and is present in court when the order is made—while the order is in force; or if release conditions are imposed on the holder—while the release conditions are in force; or otherwise—from when the holder is served with the temporary protection order or police protection notice until the order or notice is no longer in force. (sec.25A-ssec.3) In this section— temporary protection order means— a temporary protection order under the Domestic and Family Violence Protection Act 2012 ; or an interstate domestic violence order corresponding to a temporary protection order mentioned in paragraph (a) .
This section applies to the holder of an authority or security clearance if the holder is named as the respondent in a police protection direction or protection order. The authority or security clearance is cancelled— if the holder is named as the respondent in a protection order and is present in court when the order is made—when the order is made; or otherwise—when the holder is served with the direction or order. In this section— protection order means— a protection order under the Domestic and Family Violence Protection Act 2012 ; or an interstate domestic violence order corresponding to a protection order mentioned in paragraph (a) . s 25B ins 2019 No. 7 s 38 amd 2025 No. 18 s 57 (sec.25B-ssec.1) This section applies to the holder of an authority or security clearance if the holder is named as the respondent in a police protection direction or protection order. (sec.25B-ssec.2) The authority or security clearance is cancelled— if the holder is named as the respondent in a protection order and is present in court when the order is made—when the order is made; or otherwise—when the holder is served with the direction or order. (sec.25B-ssec.3) In this section— protection order means— a protection order under the Domestic and Family Violence Protection Act 2012 ; or an interstate domestic violence order corresponding to a protection order mentioned in paragraph (a) .
The holder of a suspended authority or security clearance, or the former holder of a cancelled authority or security clearance, must return the authority or security clearance to the chief inspector within 14 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it, or not returning it within that time. Maximum penalty—200 penalty units. If a suspended authority or security clearance is returned to the chief inspector, the chief inspector must return it to the holder of the authority or security clearance at the end of the suspension period. s 26 amd 2019 No. 7 s 40 (sec.26-ssec.1) The holder of a suspended authority or security clearance, or the former holder of a cancelled authority or security clearance, must return the authority or security clearance to the chief inspector within 14 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it, or not returning it within that time. Maximum penalty—200 penalty units. (sec.26-ssec.2) If a suspended authority or security clearance is returned to the chief inspector, the chief inspector must return it to the holder of the authority or security clearance at the end of the suspension period.
This section applies to a person whose authority is suspended or cancelled under this division. The person must immediately arrange with an inspector to give to an inspector any explosives the person has, as soon as practicable, but no later than 1 day, after the suspension or cancellation takes effect, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. The person must comply with the arrangement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units. s 26A ins 2019 No. 7 s 41 (sec.26A-ssec.1) This section applies to a person whose authority is suspended or cancelled under this division. (sec.26A-ssec.2) The person must immediately arrange with an inspector to give to an inspector any explosives the person has, as soon as practicable, but no later than 1 day, after the suspension or cancellation takes effect, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (sec.26A-ssec.3) The person must comply with the arrangement under subsection (2) , unless the person has a reasonable excuse. Maximum penalty—100 penalty units.
The holder of an authority or security clearance may apply to the chief inspector for the replacement of a lost, stolen or destroyed authority or security clearance. The chief inspector must consider the application and either— replace the authority or security clearance; or refuse to replace the authority or security clearance. If the chief inspector is reasonably satisfied the authority or security clearance has been lost, stolen or destroyed, the chief inspector must replace the authority or security clearance. If the chief inspector decides to refuse to replace the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision. s 27 amd 2009 No. 24 s 486 ; 2019 No. 7 s 43 (sec.27-ssec.1) The holder of an authority or security clearance may apply to the chief inspector for the replacement of a lost, stolen or destroyed authority or security clearance. (sec.27-ssec.2) The chief inspector must consider the application and either— replace the authority or security clearance; or refuse to replace the authority or security clearance. (sec.27-ssec.3) If the chief inspector is reasonably satisfied the authority or security clearance has been lost, stolen or destroyed, the chief inspector must replace the authority or security clearance. (sec.27-ssec.4) If the chief inspector decides to refuse to replace the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision.
An authority holder may apply to the chief inspector for an amendment of the authority. The application must— be made in the approved form; and be made at least 28 days before the holder wants the amendment to take effect; and be accompanied by the fee prescribed under a regulation. However, failure to comply with subsection (2) does not prevent the chief inspector dealing with the application. The chief inspector must decide the application by— amending the authority in the way sought; or refusing to amend the authority. The chief inspector may amend the authority only if the chief inspector is reasonably satisfied the amendment is desirable in the interests of the effective administration of this Act. If the chief inspector decides to amend the authority, the chief inspector must promptly give the authority holder a written notice stating the decision and the amendment. If the chief inspector decides not to amend the authority, the chief inspector must give the authority holder an information notice for the decision. s 28 amd 2009 No. 24 s 487 ; 2019 No. 7 s 44 (sec.28-ssec.1) An authority holder may apply to the chief inspector for an amendment of the authority. (sec.28-ssec.2) The application must— be made in the approved form; and be made at least 28 days before the holder wants the amendment to take effect; and be accompanied by the fee prescribed under a regulation. (sec.28-ssec.3) However, failure to comply with subsection (2) does not prevent the chief inspector dealing with the application. (sec.28-ssec.4) The chief inspector must decide the application by— amending the authority in the way sought; or refusing to amend the authority. (sec.28-ssec.5) The chief inspector may amend the authority only if the chief inspector is reasonably satisfied the amendment is desirable in the interests of the effective administration of this Act. (sec.28-ssec.6) If the chief inspector decides to amend the authority, the chief inspector must promptly give the authority holder a written notice stating the decision and the amendment. (sec.28-ssec.7) If the chief inspector decides not to amend the authority, the chief inspector must give the authority holder an information notice for the decision.
This section applies if the chief inspector considers it is desirable to amend an authority in the interests of the effective administration of this Act. Before amending the authority, the chief inspector must give the authority holder a written notice stating— the proposed amendment; and the reasons for the amendment; and that the holder may show, within a stated reasonable time of at least 28 days after the notice is given to the holder, why the amendment should not be made. If, after considering all representations made within the stated time, the chief inspector still believes the authority should be amended, the chief inspector may amend the authority— in the way proposed; or in another way, having regard to the representations. The chief inspector must inform the authority holder of the decision by written notice. If the chief inspector decides to amend the authority, the chief inspector must give the authority holder an information notice. Subsections (1) to (5) do not apply if the chief inspector proposes to amend the authority— by omitting a condition; or for a formal or clerical reason that does not adversely affect the authority holder’s interests. The chief inspector may amend a condition of an authority in a way mentioned in subsection (6) by giving the authority holder an information notice for the decision to amend the authority. s 29 amd 2009 No. 24 s 488 ; 2011 No. 2 s 32 (sec.29-ssec.1) This section applies if the chief inspector considers it is desirable to amend an authority in the interests of the effective administration of this Act. (sec.29-ssec.2) Before amending the authority, the chief inspector must give the authority holder a written notice stating— the proposed amendment; and the reasons for the amendment; and that the holder may show, within a stated reasonable time of at least 28 days after the notice is given to the holder, why the amendment should not be made. (sec.29-ssec.3) If, after considering all representations made within the stated time, the chief inspector still believes the authority should be amended, the chief inspector may amend the authority— in the way proposed; or in another way, having regard to the representations. (sec.29-ssec.4) The chief inspector must inform the authority holder of the decision by written notice. (sec.29-ssec.5) If the chief inspector decides to amend the authority, the chief inspector must give the authority holder an information notice. (sec.29-ssec.6) Subsections (1) to (5) do not apply if the chief inspector proposes to amend the authority— by omitting a condition; or for a formal or clerical reason that does not adversely affect the authority holder’s interests. (sec.29-ssec.7) The chief inspector may amend a condition of an authority in a way mentioned in subsection (6) by giving the authority holder an information notice for the decision to amend the authority.
The chief inspector may, by written notice, require the authority holder to return the authority to the chief inspector within a stated reasonable time of at least 14 days after the notice is given to the holder, to enable the chief inspector to amend the authority. After amending the authority, the chief inspector must return the authority to the holder. An authority holder must comply with a notice under subsection (1) , unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. The amendment of the authority under this division does not depend on the authority being amended under this section. (sec.30-ssec.1) The chief inspector may, by written notice, require the authority holder to return the authority to the chief inspector within a stated reasonable time of at least 14 days after the notice is given to the holder, to enable the chief inspector to amend the authority. (sec.30-ssec.2) After amending the authority, the chief inspector must return the authority to the holder. (sec.30-ssec.3) An authority holder must comply with a notice under subsection (1) , unless the holder has a reasonable excuse. Maximum penalty—20 penalty units. (sec.30-ssec.4) The amendment of the authority under this division does not depend on the authority being amended under this section.
This section applies if an authority or security clearance is lost, destroyed or stolen. The holder of the authority or security clearance must immediately notify the chief inspector or an authorised officer, as required by subsection (3) , about the loss, destruction or theft. Maximum penalty—50 penalty units. The notification may be given— by notice in the approved form; or orally. If the notification is given orally, the holder of the authority or security clearance must also give the chief inspector or an authorised officer notice in the approved form within 7 days after the loss, destruction or theft. Maximum penalty—50 penalty units. s 30A ins 2019 No. 7 s 45 (sec.30A-ssec.1) This section applies if an authority or security clearance is lost, destroyed or stolen. (sec.30A-ssec.2) The holder of the authority or security clearance must immediately notify the chief inspector or an authorised officer, as required by subsection (3) , about the loss, destruction or theft. Maximum penalty—50 penalty units. (sec.30A-ssec.3) The notification may be given— by notice in the approved form; or orally. (sec.30A-ssec.4) If the notification is given orally, the holder of the authority or security clearance must also give the chief inspector or an authorised officer notice in the approved form within 7 days after the loss, destruction or theft. Maximum penalty—50 penalty units.
The holder of an authority or security clearance may surrender the authority or security clearance by written notice given to the chief inspector. The authority or security clearance must accompany the notice. The surrender of an authority or security clearance takes effect on the day the notice of surrender is given to the chief inspector or, if a later day of effect is stated in the notice, the later day. s 31 amd 2019 No. 7 s 46 (sec.31-ssec.1) The holder of an authority or security clearance may surrender the authority or security clearance by written notice given to the chief inspector. (sec.31-ssec.2) The authority or security clearance must accompany the notice. (sec.31-ssec.3) The surrender of an authority or security clearance takes effect on the day the notice of surrender is given to the chief inspector or, if a later day of effect is stated in the notice, the later day.
A person who is doing an act involving explosives must take reasonable precautions and use reasonable care to avoid endangering any person’s safety, health or property. Maximum penalty— if the contravention causes multiple deaths and serious harm to property or the environment—3,000 penalty units or 3 years imprisonment; or if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or if the contravention involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes serious harm to property or the environment—750 penalty units or 1 year’s imprisonment; or otherwise—500 penalty units or 6 months imprisonment. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 117 , to have also committed the offence. Without limiting subsection (1) , the duty includes taking reasonable precautions and using reasonable care to ensure the explosives are kept secure from access by a person who should not have access to the explosives. In this section— bodily harm see the Criminal Code , section 1 . grievous bodily harm see the Criminal Code , section 1 . s 32 amd 2007 No. 46 s 47 ; 2013 No. 51 s 229 sch 1 ; 2019 No. 7 s 47 (sec.32-ssec.1) A person who is doing an act involving explosives must take reasonable precautions and use reasonable care to avoid endangering any person’s safety, health or property. Maximum penalty— if the contravention causes multiple deaths and serious harm to property or the environment—3,000 penalty units or 3 years imprisonment; or if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or if the contravention involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or if the contravention causes serious harm to property or the environment—750 penalty units or 1 year’s imprisonment; or otherwise—500 penalty units or 6 months imprisonment. If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 117 , to have also committed the offence. (sec.32-ssec.2) Without limiting subsection (1) , the duty includes taking reasonable precautions and using reasonable care to ensure the explosives are kept secure from access by a person who should not have access to the explosives. (sec.32-ssec.3) In this section— bodily harm see the Criminal Code , section 1 . grievous bodily harm see the Criminal Code , section 1 .
An employer must not allow an employee to have access to an explosive unless— the employee is the age prescribed by regulation; and for an employer who holds a security sensitive authority— the employee holds a security clearance; or the access is within the course of the employee’s employment and in the presence, and under the direct supervision, of a person who holds a security clearance. Maximum penalty—50 penalty units. However, if the employer is a licensed dealer who holds a security sensitive authority, an employee of the licensed dealer who is a qualified weapons employee— is not required to hold a security clearance; and is not required to have access to an explosive under the direct supervision of a person who holds a security clearance. Before an employer asks or allows an employee to carry out an activity involving the handling of explosives, the employer must be reasonably satisfied the employee has the qualifications, experience and expertise prescribed by regulation for the carrying out of the activity. See also section 23 (1) (h) . s 33 sub 2019 No. 7 s 48 amd 2024 No. 34 s 109 (sec.33-ssec.1) An employer must not allow an employee to have access to an explosive unless— the employee is the age prescribed by regulation; and for an employer who holds a security sensitive authority— the employee holds a security clearance; or the access is within the course of the employee’s employment and in the presence, and under the direct supervision, of a person who holds a security clearance. Maximum penalty—50 penalty units. (sec.33-ssec.2) However, if the employer is a licensed dealer who holds a security sensitive authority, an employee of the licensed dealer who is a qualified weapons employee— is not required to hold a security clearance; and is not required to have access to an explosive under the direct supervision of a person who holds a security clearance. (sec.33-ssec.3) Before an employer asks or allows an employee to carry out an activity involving the handling of explosives, the employer must be reasonably satisfied the employee has the qualifications, experience and expertise prescribed by regulation for the carrying out of the activity. See also section 23 (1) (h) .
A person must not possess an explosive unless the person holds an authority that authorises the person to possess the explosive. Maximum penalty—400 penalty units or 6 months imprisonment. Subsection (1) does not apply to the possession of an explosive prescribed under a regulation for this section. (sec.34-ssec.1) A person must not possess an explosive unless the person holds an authority that authorises the person to possess the explosive. Maximum penalty—400 penalty units or 6 months imprisonment. (sec.34-ssec.2) Subsection (1) does not apply to the possession of an explosive prescribed under a regulation for this section.
This division applies to— an explosive that may lawfully be exported from Australia (an export explosive ); and an explosive that may lawfully be imported into Australia (an import explosive ).
A person must not send an export explosive from the State to another country or bring an import explosive into the State from another country unless the person holds an authority to send the export explosive to the other country or bring the import explosive into the State. Maximum penalty—400 penalty units or 6 months imprisonment.
This section applies if an authority holder intends to— bring an import explosive into the State from another country; or send an export explosive to another country. The authority holder must, within the period or at the time requested under subsection (3) or (4) , give the chief inspector notice in the approved form of— the holder’s intention; and if the holder intends to bring an import explosive into the State from another country—the expected arrival date and arrival time for the import explosive; and if the holder intends to send an export explosive to another country—the expected departure date and departure time for the export explosive. Maximum penalty—20 penalty units. For subsection (2) , the notice must be given to the chief inspector— for an import explosive—at least 7 days before the expected arrival date for the import explosive; or for an export explosive—at least 7 days before the expected departure date for the export explosive. However, if the authority holder is not aware of the expected arrival date for the import explosive or the expected departure date for the export explosive in the period mentioned in subsection (3) , the notice required under subsection (2) must be given to the chief inspector— as soon as practicable after the holder becomes aware of the expected arrival date or expected departure date; and not later than the day before the arrival date or departure date. If any information stated in a notice given under subsection (2) , or another written notice given under this subsection, changes, the holder must give the chief inspector written notice of the change— as soon as practicable after the holder becomes aware of the change; and not later than the day before the arrival date or departure date. Maximum penalty—20 penalty units. Subsections (2) and (5) do not apply if the holder has a reasonable excuse. In this section— arrival date , for an import explosive, means the day the import explosive will arrive at an airport or port in the State. arrival time , for an import explosive, means the time at which the import explosive will arrive at an airport or port in the State. departure date , for an export explosive, means the day the export explosive will be sent from an airport or port in the State. departure time , for an export explosive, means the time at which the export explosive will be sent from an airport or port in the State. s 37 sub 2024 No. 34 s 110 (sec.37-ssec.1) This section applies if an authority holder intends to— bring an import explosive into the State from another country; or send an export explosive to another country. (sec.37-ssec.2) The authority holder must, within the period or at the time requested under subsection (3) or (4) , give the chief inspector notice in the approved form of— the holder’s intention; and if the holder intends to bring an import explosive into the State from another country—the expected arrival date and arrival time for the import explosive; and if the holder intends to send an export explosive to another country—the expected departure date and departure time for the export explosive. Maximum penalty—20 penalty units. (sec.37-ssec.3) For subsection (2) , the notice must be given to the chief inspector— for an import explosive—at least 7 days before the expected arrival date for the import explosive; or for an export explosive—at least 7 days before the expected departure date for the export explosive. (sec.37-ssec.4) However, if the authority holder is not aware of the expected arrival date for the import explosive or the expected departure date for the export explosive in the period mentioned in subsection (3) , the notice required under subsection (2) must be given to the chief inspector— as soon as practicable after the holder becomes aware of the expected arrival date or expected departure date; and not later than the day before the arrival date or departure date. (sec.37-ssec.5) If any information stated in a notice given under subsection (2) , or another written notice given under this subsection, changes, the holder must give the chief inspector written notice of the change— as soon as practicable after the holder becomes aware of the change; and not later than the day before the arrival date or departure date. Maximum penalty—20 penalty units. (sec.37-ssec.6) Subsections (2) and (5) do not apply if the holder has a reasonable excuse. (sec.37-ssec.7) In this section— arrival date , for an import explosive, means the day the import explosive will arrive at an airport or port in the State. arrival time , for an import explosive, means the time at which the import explosive will arrive at an airport or port in the State. departure date , for an export explosive, means the day the export explosive will be sent from an airport or port in the State. departure time , for an export explosive, means the time at which the export explosive will be sent from an airport or port in the State.
A person must not manufacture an explosive unless the person holds an authority that authorises the person to manufacture the explosive. Maximum penalty—400 penalty units or 6 months imprisonment. Subsection (1) does not prevent a person— manufacturing an explosive if— the explosive is not more than the amount prescribed by regulation or, if an amount is not prescribed, 50g; and the person is manufacturing and using the explosive in a laboratory that is part of an educational or research facility under the direct supervision of a competent adult; and the explosive is for use in a chemical experiment by the person; or reconditioning an explosive at a government magazine or under an inspector’s supervision; or if the person is licensed or otherwise authorised to use a weapon under the Weapons Act 1990 —filling ammunition for the weapon for use by the person. Also, subsection (1) does not prevent the holder of an authority to use an explosive manufacturing an explosive prescribed under a regulation for this section (a prescribed explosive ), by a manual operation performed under conditions prescribed under a regulation, for the holder’s immediate use. In addition, subsection (1) does not prevent an inspector manufacturing a prescribed explosive, by a manual operation performed under conditions prescribed under a regulation, for the inspector’s immediate use. In this section— competent adult means an adult with sufficient knowledge and experience to identify hazards and risks associated with manufacturing and using explosives. s 38 amd 2019 No. 7 s 49 (sec.38-ssec.1) A person must not manufacture an explosive unless the person holds an authority that authorises the person to manufacture the explosive. Maximum penalty—400 penalty units or 6 months imprisonment. (sec.38-ssec.2) Subsection (1) does not prevent a person— manufacturing an explosive if— the explosive is not more than the amount prescribed by regulation or, if an amount is not prescribed, 50g; and the person is manufacturing and using the explosive in a laboratory that is part of an educational or research facility under the direct supervision of a competent adult; and the explosive is for use in a chemical experiment by the person; or reconditioning an explosive at a government magazine or under an inspector’s supervision; or if the person is licensed or otherwise authorised to use a weapon under the Weapons Act 1990 —filling ammunition for the weapon for use by the person. (sec.38-ssec.3) Also, subsection (1) does not prevent the holder of an authority to use an explosive manufacturing an explosive prescribed under a regulation for this section (a prescribed explosive ), by a manual operation performed under conditions prescribed under a regulation, for the holder’s immediate use. (sec.38-ssec.4) In addition, subsection (1) does not prevent an inspector manufacturing a prescribed explosive, by a manual operation performed under conditions prescribed under a regulation, for the inspector’s immediate use. (sec.38-ssec.5) In this section— competent adult means an adult with sufficient knowledge and experience to identify hazards and risks associated with manufacturing and using explosives.
A person must not unlawfully enter an explosives factory. Maximum penalty—100 penalty units. A person in physical possession of a firearm must not enter an explosives factory. Maximum penalty—200 penalty units. Subsection (2) does not apply to a police officer or a security provider under the Security Providers Act 1993 who enters an explosives factory for performing official duties. An inspector, a security provider or the holder of an authority in relation to an explosives factory may take reasonable steps to remove a person who has entered an explosives factory in contravention of subsection (1) or (2) from the factory or the land it is on. (sec.39-ssec.1) A person must not unlawfully enter an explosives factory. Maximum penalty—100 penalty units. (sec.39-ssec.2) A person in physical possession of a firearm must not enter an explosives factory. Maximum penalty—200 penalty units. (sec.39-ssec.3) Subsection (2) does not apply to a police officer or a security provider under the Security Providers Act 1993 who enters an explosives factory for performing official duties. (sec.39-ssec.4) An inspector, a security provider or the holder of an authority in relation to an explosives factory may take reasonable steps to remove a person who has entered an explosives factory in contravention of subsection (1) or (2) from the factory or the land it is on.
Each person in control of, or working at, an explosives factory must take reasonable precautions and use reasonable care to prevent an explosives incident at the factory. Maximum penalty—200 penalty units. The holder of an authority in relation to an explosives factory must ensure a notice warning persons at the factory of their liability to penalty for an offence against subsection (1) is always conspicuously displayed so anyone entering the factory can easily see and read it. Maximum penalty—20 penalty units. s 40 amd 2019 No. 7 s 50 (sec.40-ssec.1) Each person in control of, or working at, an explosives factory must take reasonable precautions and use reasonable care to prevent an explosives incident at the factory. Maximum penalty—200 penalty units. (sec.40-ssec.2) The holder of an authority in relation to an explosives factory must ensure a notice warning persons at the factory of their liability to penalty for an offence against subsection (1) is always conspicuously displayed so anyone entering the factory can easily see and read it. Maximum penalty—20 penalty units.
A person must not sell an explosive unless the person holds an authority that authorises the person to sell the explosive. Maximum penalty—200 penalty units or 3 months imprisonment.
A person must not sell an explosive to someone other than a person— authorised to sell the explosive; or authorised to store the explosive; or authorised to use the explosive; or otherwise authorised under a regulation. Maximum penalty—200 penalty units or 3 months imprisonment.
A person in possession of an explosive in a public place must not sell the explosive in the public place. Maximum penalty—100 penalty units. s 43 sub 2007 No. 46 s 48
This section applies to a person who sells an explosive that is small arms ammunition (a seller ) to another person (a buyer ) if the buyer holds— a license under the Weapons Act 1990 that authorises the buyer to possess and use a firearm; or an interstate firearms authority that is taken, under the Weapons Act 1990 , section 32 (2) , to authorise the buyer to possess and use a firearm; or an authority under this Act that authorises the buyer to sell, store or use small arms ammunition. The seller must not sell the small arms ammunition to the buyer unless— the seller has seen the buyer’s licence or authority; and if a verification system is prescribed by regulation for the licence or authority— if the verification system is available for use by the seller—the seller has verified the validity of the licence or authority using the verification system; or if the verification system is not available for use by the seller—the seller has recorded the information required under subsection (3) . Maximum penalty—140 penalty units. For subsection (2) (b) (ii) , the following information must be recorded for each transaction for the sale of the small arms ammunition to a buyer— the date and time of the transaction; the type and quantity of the ammunition; the name and address of the buyer; the buyer’s licence number or authority number; the expiry date of the buyer’s licence or authority; if the licence or authority is an interstate firearms authority—the state that issued the interstate firearms authority; if the verification system is not available for use by the seller in the circumstances mentioned in subsection (3B) (b) — the reason the seller is unable to access the internet, if known; and the seller’s internet service provider. If a seller sells small arms ammunition to a buyer when a verification system prescribed under subsection (2) (b) is not available for use by the seller, the seller must— as soon as practicable after the system becomes available for use by the seller, verify the validity of the licence or authority using the verification system; and if the verification system indicates the buyer’s licence or authority is not valid—immediately report the transaction to police. Maximum penalty—140 penalty units. For this section, a verification system is not available for use by a seller if— the system is not operational; or the seller is unable to access the internet because of an event out of the seller’s control. a power outage that causes the seller’s internet to be inaccessible In this section— firearm see the Weapons Act 1990 , schedule 2 , definition firearm , paragraphs 1 and 2. interstate firearms authority means a licence, permit or authority mentioned in the Weapons Act 1990 , section 32 (1) . verification system means an electronic system for verifying the validity of a licence or authority mentioned in subsection (1) . s 43A ins 2024 No. 45 s 42 (sec.43A-ssec.1) This section applies to a person who sells an explosive that is small arms ammunition (a seller ) to another person (a buyer ) if the buyer holds— a license under the Weapons Act 1990 that authorises the buyer to possess and use a firearm; or an interstate firearms authority that is taken, under the Weapons Act 1990 , section 32 (2) , to authorise the buyer to possess and use a firearm; or an authority under this Act that authorises the buyer to sell, store or use small arms ammunition. (sec.43A-ssec.2) The seller must not sell the small arms ammunition to the buyer unless— the seller has seen the buyer’s licence or authority; and if a verification system is prescribed by regulation for the licence or authority— if the verification system is available for use by the seller—the seller has verified the validity of the licence or authority using the verification system; or if the verification system is not available for use by the seller—the seller has recorded the information required under subsection (3) . Maximum penalty—140 penalty units. (sec.43A-ssec.3) For subsection (2) (b) (ii) , the following information must be recorded for each transaction for the sale of the small arms ammunition to a buyer— the date and time of the transaction; the type and quantity of the ammunition; the name and address of the buyer; the buyer’s licence number or authority number; the expiry date of the buyer’s licence or authority; if the licence or authority is an interstate firearms authority—the state that issued the interstate firearms authority; if the verification system is not available for use by the seller in the circumstances mentioned in subsection (3B) (b) — the reason the seller is unable to access the internet, if known; and the seller’s internet service provider. (sec.43A-ssec.3A) If a seller sells small arms ammunition to a buyer when a verification system prescribed under subsection (2) (b) is not available for use by the seller, the seller must— as soon as practicable after the system becomes available for use by the seller, verify the validity of the licence or authority using the verification system; and if the verification system indicates the buyer’s licence or authority is not valid—immediately report the transaction to police. Maximum penalty—140 penalty units. (sec.43A-ssec.3B) For this section, a verification system is not available for use by a seller if— the system is not operational; or the seller is unable to access the internet because of an event out of the seller’s control. a power outage that causes the seller’s internet to be inaccessible (sec.43A-ssec.4) In this section— firearm see the Weapons Act 1990 , schedule 2 , definition firearm , paragraphs 1 and 2. interstate firearms authority means a licence, permit or authority mentioned in the Weapons Act 1990 , section 32 (1) . verification system means an electronic system for verifying the validity of a licence or authority mentioned in subsection (1) .
A person must not store an explosive unless the person holds an authority to store the explosive. Maximum penalty—200 penalty units or 3 months imprisonment.
A person must not store an explosive at a place other than— where it is lawfully manufactured; or a magazine where the person may lawfully store it under this Act; or a place approved by the chief inspector, by signed instrument, as suitable for storing the explosive under stated conditions. Maximum penalty—400 penalty units or 6 months imprisonment. Subsection (1) does not apply to an explosive stored for a purpose prescribed under a regulation or by an inspector for testing. (sec.45-ssec.1) A person must not store an explosive at a place other than— where it is lawfully manufactured; or a magazine where the person may lawfully store it under this Act; or a place approved by the chief inspector, by signed instrument, as suitable for storing the explosive under stated conditions. Maximum penalty—400 penalty units or 6 months imprisonment. (sec.45-ssec.2) Subsection (1) does not apply to an explosive stored for a purpose prescribed under a regulation or by an inspector for testing.
The Minister may, by gazette notice, declare a place to be a government magazine. The chief inspector is the person in charge of a government magazine. (sec.46-ssec.1) The Minister may, by gazette notice, declare a place to be a government magazine. (sec.46-ssec.2) The chief inspector is the person in charge of a government magazine.
A person must not unlawfully enter a magazine. Maximum penalty—100 penalty units. A person in physical possession of a firearm must not enter a magazine. Maximum penalty—200 penalty units. Subsection (2) does not apply to a police officer or a security provider under the Security Providers Act 1993 who enters a magazine for performing official duties. An inspector, a security provider or the holder of an authority in relation to a magazine may take reasonable steps to remove a person who has entered a magazine in contravention of subsection (1) or (2) from the magazine or the land it is on. (sec.47-ssec.1) A person must not unlawfully enter a magazine. Maximum penalty—100 penalty units. (sec.47-ssec.2) A person in physical possession of a firearm must not enter a magazine. Maximum penalty—200 penalty units. (sec.47-ssec.3) Subsection (2) does not apply to a police officer or a security provider under the Security Providers Act 1993 who enters a magazine for performing official duties. (sec.47-ssec.4) An inspector, a security provider or the holder of an authority in relation to a magazine may take reasonable steps to remove a person who has entered a magazine in contravention of subsection (1) or (2) from the magazine or the land it is on.
Each person in control of, or working at, a magazine must take reasonable precautions and use reasonable care to prevent an explosives incident at the magazine. Maximum penalty—200 penalty units. The holder of an authority for a magazine must ensure a notice warning persons at the magazine of their liability to penalty for an offence against subsection (1) is always conspicuously displayed so anyone entering the magazine can easily see and read it. Maximum penalty—20 penalty units. s 48 amd 2019 No. 7 s 52 (sec.48-ssec.1) Each person in control of, or working at, a magazine must take reasonable precautions and use reasonable care to prevent an explosives incident at the magazine. Maximum penalty—200 penalty units. (sec.48-ssec.2) The holder of an authority for a magazine must ensure a notice warning persons at the magazine of their liability to penalty for an offence against subsection (1) is always conspicuously displayed so anyone entering the magazine can easily see and read it. Maximum penalty—20 penalty units.
A person storing an explosive must take reasonable precautions— to prevent an explosives incident; and to minimise the likely effects of an explosives incident. Maximum penalty—200 penalty units.
A person must not transport an explosive in a vehicle unless the person holds an authority under this Act or a corresponding law to transport the explosive in the vehicle. Maximum penalty—200 penalty units. However, subsection (1) does not apply to a person transporting an explosive— if— the amount of the explosive is not more than the amount prescribed by regulation; and the person complies with the conditions prescribed by regulation for transporting the explosive; or in the circumstances prescribed by regulation. A person who is authorised to transport an explosive must ensure— it is transported in the way required under this Act; and it is delivered— to a place where it may lawfully be stored or used; and to someone who may lawfully possess it. Maximum penalty—200 penalty units. A person who may transport explosives under an authority does not commit an offence against this section if the person can not comply with the section because of— the wilful act, neglect, or default of the consignor or consignee of the explosive or someone else (other than an agent or employee of the carrier); or the improper refusal of the consignee or someone else to accept delivery of the explosive. The person mentioned in subsection (4) (a) or (b) who prevented compliance with this section is instead taken to have committed the offence. In this section— corresponding law means a law of another State dealing with the transport of explosives. s 50 amd 2019 No. 7 s 53 (sec.50-ssec.1) A person must not transport an explosive in a vehicle unless the person holds an authority under this Act or a corresponding law to transport the explosive in the vehicle. Maximum penalty—200 penalty units. (sec.50-ssec.2) However, subsection (1) does not apply to a person transporting an explosive— if— the amount of the explosive is not more than the amount prescribed by regulation; and the person complies with the conditions prescribed by regulation for transporting the explosive; or in the circumstances prescribed by regulation. (sec.50-ssec.3) A person who is authorised to transport an explosive must ensure— it is transported in the way required under this Act; and it is delivered— to a place where it may lawfully be stored or used; and to someone who may lawfully possess it. Maximum penalty—200 penalty units. (sec.50-ssec.4) A person who may transport explosives under an authority does not commit an offence against this section if the person can not comply with the section because of— the wilful act, neglect, or default of the consignor or consignee of the explosive or someone else (other than an agent or employee of the carrier); or the improper refusal of the consignee or someone else to accept delivery of the explosive. (sec.50-ssec.5) The person mentioned in subsection (4) (a) or (b) who prevented compliance with this section is instead taken to have committed the offence. (sec.50-ssec.6) In this section— corresponding law means a law of another State dealing with the transport of explosives.
A person must not transport an explosive declared under a regulation to be too dangerous to transport. Maximum penalty—400 penalty units or 6 months imprisonment.
A regulation may— make provision about the recognition of laws of other jurisdictions about transporting explosives, things done under those laws and giving effect to those things; or provide that the chief inspector may make a decision (a determination ) under the regulation about the safe and secure transport of an explosive. Without limiting subsection (1) (b) , the regulation may prescribe— the process for making a determination, including the process for making and deciding an application for an administrative determination; or the effect a determination has on a provision of the regulation about the transport of explosives; or the process for amending, suspending or cancelling an administrative determination; or the information about a determination that must be kept publicly available. In this section— administrative determination means a determination made on the application of a person that applies to— the person; or the person and other persons named in the application. s 51A ins 2019 No. 7 s 54 (sec.51A-ssec.1) A regulation may— make provision about the recognition of laws of other jurisdictions about transporting explosives, things done under those laws and giving effect to those things; or provide that the chief inspector may make a decision (a determination ) under the regulation about the safe and secure transport of an explosive. (sec.51A-ssec.2) Without limiting subsection (1) (b) , the regulation may prescribe— the process for making a determination, including the process for making and deciding an application for an administrative determination; or the effect a determination has on a provision of the regulation about the transport of explosives; or the process for amending, suspending or cancelling an administrative determination; or the information about a determination that must be kept publicly available. (sec.51A-ssec.3) In this section— administrative determination means a determination made on the application of a person that applies to— the person; or the person and other persons named in the application.
If another Act or law imposes safety obligations for transporting explosives by air, rail or sea, this division does not apply to explosives transported under the other Act or law.
A person must not use an explosive unless the person holds an authority to use the explosive. Maximum penalty—200 penalty units. Subsection (1) does not apply to an explosive prescribed under a regulation for this section. (sec.53-ssec.1) A person must not use an explosive unless the person holds an authority to use the explosive. Maximum penalty—200 penalty units. (sec.53-ssec.2) Subsection (1) does not apply to an explosive prescribed under a regulation for this section.
A person must not prepare an explosive for use, or use an explosive, other than in the way prescribed under a regulation. Maximum penalty—200 penalty units. A person must not use an explosive if exploding it may reasonably be expected to endanger any person’s safety, health or property. Maximum penalty—200 penalty units. (sec.54-ssec.1) A person must not prepare an explosive for use, or use an explosive, other than in the way prescribed under a regulation. Maximum penalty—200 penalty units. (sec.54-ssec.2) A person must not use an explosive if exploding it may reasonably be expected to endanger any person’s safety, health or property. Maximum penalty—200 penalty units.
In this part— conduct means an act or omission to perform an act. employee ... s 54A def employee om 2024 No. 34 s 111 (1) employer , for an act involving explosives, means— a person who employs or otherwise engages an individual to do the act involving explosives; or a person who arranges for an individual to do the act involving explosives; or the holder of an authority relating to the act involving explosives. s 54A def employer sub 2024 No. 34 s 111 senior officer , of an employer, means— if the employer is a corporation—an executive officer of the corporation; or otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions. For this part, a person’s conduct causes death if it substantially contributes to the death. s 54A ins 2020 No. 14 s 30 (sec.54A-ssec.1) In this part— conduct means an act or omission to perform an act. employee ... s 54A def employee om 2024 No. 34 s 111 (1) employer , for an act involving explosives, means— a person who employs or otherwise engages an individual to do the act involving explosives; or a person who arranges for an individual to do the act involving explosives; or the holder of an authority relating to the act involving explosives. s 54A def employer sub 2024 No. 34 s 111 senior officer , of an employer, means— if the employer is a corporation—an executive officer of the corporation; or otherwise—the holder of an executive position (however described) in relation to the employer who makes, or takes part in making, decisions affecting all, or a substantial part, of the employer’s functions. (sec.54A-ssec.2) For this part, a person’s conduct causes death if it substantially contributes to the death.
The Criminal Code , section 23 does not apply in relation to an offence against this part. s 54B ins 2020 No. 14 s 30
An employer for an act involving explosives commits an offence if— an individual who does the act involving explosives— dies in the course of doing the act involving explosives; or is injured in the course of doing the act involving explosives and later dies; and the employer’s conduct causes the death of the individual; and the employer is negligent about causing the death of the individual by the conduct. Maximum penalty— for an individual—20 years imprisonment; or for a body corporate—100,000 penalty units. See section 119 in relation to imputing to a body corporate particular conduct of executive officers, employees or agents of the body corporate. An offence against subsection (1) is a crime. s 54C ins 2020 No. 14 s 30 sub 2024 No. 34 s 112 (sec.54C-ssec.1) An employer for an act involving explosives commits an offence if— an individual who does the act involving explosives— dies in the course of doing the act involving explosives; or is injured in the course of doing the act involving explosives and later dies; and the employer’s conduct causes the death of the individual; and the employer is negligent about causing the death of the individual by the conduct. Maximum penalty— for an individual—20 years imprisonment; or for a body corporate—100,000 penalty units. See section 119 in relation to imputing to a body corporate particular conduct of executive officers, employees or agents of the body corporate. (sec.54C-ssec.2) An offence against subsection (1) is a crime.
Sourced from Queensland Legislation (legislation.qld.gov.au), CC BY 4.0.
This Act may be cited as the Explosives Act 1999 .
This Act commences on a day to be fixed by proclamation.
The purpose of this Act is to regulate the handling of, and access to, explosives to protect public health and safety, property and the environment. The purpose is achieved primarily by— enabling explosives to be declared as authorised explosives or prohibited explosives; and requiring an authority for the handling of explosives; and ensuring that persons who hold an authority in relation to a security sensitive explosive also hold a security clearance; and ensuring explosives are accessed only by persons— who hold a security clearance; or who are under the direct supervision of a person who holds a security clearance; and imposing a duty of care and other obligations on persons who handle explosives; and enabling investigations and inquiries to be carried out for explosives incidents. s 2A ins 2019 No. 7 s 22 (sec.2A-ssec.1) The purpose of this Act is to regulate the handling of, and access to, explosives to protect public health and safety, property and the environment. (sec.2A-ssec.2) The purpose is achieved primarily by— enabling explosives to be declared as authorised explosives or prohibited explosives; and requiring an authority for the handling of explosives; and ensuring that persons who hold an authority in relation to a security sensitive explosive also hold a security clearance; and ensuring explosives are accessed only by persons— who hold a security clearance; or who are under the direct supervision of a person who holds a security clearance; and imposing a duty of care and other obligations on persons who handle explosives; and enabling investigations and inquiries to be carried out for explosives incidents.
What the Act says it is for (official purpose) and the claim about how it achieves that
Testing the stated purpose against trade‑offs, incentives and implementation risks
Who pays: compliance costs fall mostly on private actors who handle explosives (applicants, authority holders, employers, licensed dealers). They face fees (s 12A), record‑keeping, security clearances, training and possible capital costs for secure storage and transport (ss 15, 33, 44–50, s 135 on fees/standards). Government pays enforcement costs but can recover those costs from convicted persons or from persons responsible for incidents (ss 122, 125).
Who decides: the CEO, the chief inspector and inspectors hold substantial decision and enforcement power (appointment, classification of explosives, issuing/refusing/suspending authorities, conducting investigations, issuing notices). The Minister has specific powers (e.g. declaring government magazines, establishing boards of inquiry) and regulation‑making power is vested in Governor in Council (multiple sections: ss 8, 46, 60, 78, 128, 135).
Behavioural change expected: businesses must formalise safety systems, screen and get staff security clearances (ss 12B–12F, 15, 33); employers must restrict access and supervise non‑cleared staff (s 33); transporters and sellers must verify licences and may face record obligations (ss 36–37, 43A). Non‑compliance risks criminal or administrative penalties, licence suspension/cancellation and seizure/forfeiture of explosives (ss 11, 18, 23–26, 90–106).
Compliance burden and administrative discretion: the Act delegates many operational choices to the chief inspector and to regulations (classification of authorised explosives, prescribed authority types, prescribed conditions, verification systems) (ss 8, 13, 135). That produces compliance costs (clearing staff, record systems, inspections) and gives central officials substantial discretionary control over who may operate and under what conditions (ss 17, 23, 24, 29). The Act builds procedural safeguards (notice, review rights, QCAT review) but leaves technical details and fee structures to regulation (ss 24, 107–111, 135).
Effects on private enterprise and markets: licensing and clearance requirements constrain who can enter or expand in explosives‑related activities (manufacture, supply, storage, transport, retail). Those restrictions increase operating costs and may raise barriers to entry, particularly for small suppliers, while licensed incumbents gain the benefit of lawful market access. The Act preserves mining‑specific laws in case of inconsistency (s 6), which limits the Act’s reach in that sector. Sellers of small arms ammunition face added verification and record obligations that may slow retail transactions (s 43A).
Enforcement intensity and remedies: a wide menu of tools exists — criminal prosecution (including industrial manslaughter with heavy penalties, ss 54C–54D), administrative (suspension/cancellation, remedial/dangerous‑situation notices, seizure and forfeiture, ss 23–26, 102–106), and civil (injunctions and court orders, ss 106A–106D, 123K–123P). The Act also allows enforceable undertakings (ss 123A–123G) as an alternative enforcement path, which can avoid prosecution but carry monitoring and publication obligations. These options create choices for regulators about how forcefully to act and for business about remediation vs contesting enforcement.
Risks and possible unintended consequences (mechanisms, not verdicts):
Who is directly affected (short list)
Why it matters practically
Key practical points to watch when applying the law
(References in parentheses are to the sections cited above: purpose and mechanisms at s 2A; authorities and clearances pt 3; handling and duties pt 4; industrial manslaughter pt 4A; investigations/inquiries pt 5; inspectors and enforcement pt 6; enforceable undertakings and sentencing reforms ss 123A–123P; biometrics ss 123Q–123V; regulation power s 135.)
The dictionary in schedule 2 defines particular words used in this Act.
This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States.
This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State. s 4A ins 2007 No. 46 s 45
This Act does not apply to explosives to which the Explosives Act 1961 (Cwlth) applies.
If there is an inconsistency between this Act and an Act about mining, the Act about mining prevails to the extent of the inconsistency. In subsection (1) — Act about mining means— the Coal Mining Safety and Health Act 1999 ; or the Mining and Quarrying Safety and Health Act 1999 . s 6 amd 2004 No. 4 s 57 sch ; 2004 No. 25 s 959 (sec.6-ssec.1) If there is an inconsistency between this Act and an Act about mining, the Act about mining prevails to the extent of the inconsistency. (sec.6-ssec.2) In subsection (1) — Act about mining means— the Coal Mining Safety and Health Act 1999 ; or the Mining and Quarrying Safety and Health Act 1999 .
A regulation may exempt an explosive from this Act or any of its provisions. A regulation may also exempt any of the following from this Act or any of its provisions— a government entity; a Commonwealth entity. An exemption may be given on stated conditions. If an exemption is given on conditions, the exemption operates only if the conditions are complied with. s 7 amd 2024 No. 34 s 104 (sec.7-ssec.1) A regulation may exempt an explosive from this Act or any of its provisions. (sec.7-ssec.2) A regulation may also exempt any of the following from this Act or any of its provisions— a government entity; a Commonwealth entity. (sec.7-ssec.3) An exemption may be given on stated conditions. (sec.7-ssec.4) If an exemption is given on conditions, the exemption operates only if the conditions are complied with.
The chief inspector may declare an explosive to be an authorised explosive for this Act. Before making a declaration under subsection (1) , the chief inspector must— define the composition, quality and character of the explosive; and classify the explosive in a way prescribed under a regulation. If the composition, quality or character of an authorised explosive changes, the explosive stops being an authorised explosive. (sec.8-ssec.1) The chief inspector may declare an explosive to be an authorised explosive for this Act. (sec.8-ssec.2) Before making a declaration under subsection (1) , the chief inspector must— define the composition, quality and character of the explosive; and classify the explosive in a way prescribed under a regulation. (sec.8-ssec.3) If the composition, quality or character of an authorised explosive changes, the explosive stops being an authorised explosive.
The chief inspector must keep a register of authorised explosives. The register— must include the defined composition, quality, character and classification of each authorised explosive; and is not open to inspection by anyone other than the chief inspector or an inspector. However, the chief inspector must give a list of authorised explosives to anyone who asks for it. The list must not include the defined composition, quality or character of the explosives named in it. (sec.9-ssec.1) The chief inspector must keep a register of authorised explosives. (sec.9-ssec.2) The register— must include the defined composition, quality, character and classification of each authorised explosive; and is not open to inspection by anyone other than the chief inspector or an inspector. (sec.9-ssec.3) However, the chief inspector must give a list of authorised explosives to anyone who asks for it. (sec.9-ssec.4) The list must not include the defined composition, quality or character of the explosives named in it.
A regulation may declare an explosive to be a prohibited explosive.
A person must not manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive. Maximum penalty—400 penalty units or 6 months imprisonment. Subsection (1) does not apply to an act done under an explosives trial approval. (sec.11-ssec.1) A person must not manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive. Maximum penalty—400 penalty units or 6 months imprisonment. (sec.11-ssec.2) Subsection (1) does not apply to an act done under an explosives trial approval.
A regulation may authorise the chief inspector to issue to a person an approval to manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive for trial, experiment or examination (an explosives trial approval ).
An individual may apply to the chief inspector for a security clearance. The application must— be in the approved form; and be accompanied by the fee prescribed by regulation; and include or be accompanied by the information prescribed by regulation. s 12A ins 2019 No. 7 s 24 (sec.12A-ssec.1) An individual may apply to the chief inspector for a security clearance. (sec.12A-ssec.2) The application must— be in the approved form; and be accompanied by the fee prescribed by regulation; and include or be accompanied by the information prescribed by regulation.
The chief inspector may decide to give a security clearance to the applicant only if satisfied the applicant is a suitable person to hold the security clearance. In deciding whether the applicant is a suitable person to hold the security clearance, the chief inspector— must consider— the applicant’s criminal history; and whether the applicant has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and whether release conditions have, at any time, been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 ; and may consider— the applicant’s mental health; and information about the applicant that indicates the applicant is a risk to public safety or it would be contrary to the public interest for the applicant to hold the security clearance; and anything else relevant to the applicant’s suitability to hold the security clearance. The applicant is not a suitable person to hold the security clearance if— the applicant is named as the respondent in a domestic violence order, police protection direction, or police protection notice, that is in force; or release conditions have been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 and the release conditions are in force. s 12B ins 2019 No. 7 s 24 amd 2025 No. 18 s 54 (sec.12B-ssec.1) The chief inspector may decide to give a security clearance to the applicant only if satisfied the applicant is a suitable person to hold the security clearance. (sec.12B-ssec.2) In deciding whether the applicant is a suitable person to hold the security clearance, the chief inspector— must consider— the applicant’s criminal history; and whether the applicant has, at any time, been named as the respondent in a domestic violence order, police protection direction or police protection notice; and whether release conditions have, at any time, been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 ; and may consider— the applicant’s mental health; and information about the applicant that indicates the applicant is a risk to public safety or it would be contrary to the public interest for the applicant to hold the security clearance; and anything else relevant to the applicant’s suitability to hold the security clearance. (sec.12B-ssec.3) The applicant is not a suitable person to hold the security clearance if— the applicant is named as the respondent in a domestic violence order, police protection direction, or police protection notice, that is in force; or release conditions have been imposed on the applicant under the Domestic and Family Violence Protection Act 2012 , section 125 and the release conditions are in force.
The chief inspector must, after considering the application and any other information obtained in relation to the application, decide to— give the security clearance; or refuse to give the security clearance. See also section
This is an opening excerpt, not the complete document.