Explosives Act 1999
sec.135Regulation-making power
Start here
Get a plain-English read of sec.135
Turn the raw legal text into a practical explanation grounded in Explosives Act 1999.
sec.135 Regulation-making power
The Governor in Council may make regulations under this Act. Without limiting subsection (1) , a regulation may be made about any of the following matters— fees and charges; records to be kept by an authority holder; standards for the construction and maintenance of, and fittings, appliances, and equipment used in, factories and magazines; the use or storage in a factory or magazine of explosives or anything else that may ignite spontaneously; the appointment of a person to be the manager of a government magazine and the functions and powers of the manager; rules for the employment and conduct of workers in, and other persons entering, explosives factories or magazines; the way explosives that are dangerous to the public or property must be dealt with; the way explosives must be packed and labelled; condemning explosives and their destruction or disposal; conditions, and other requirements, that apply to an authority or security clearance; otherwise regulating activities in relation to explosives; the keeping of a register of authorities and security clearances, including the disclosure and publication of information in the register. Without limiting subsection (1) or (2) (a) , a regulation may be made about assessing, charging and recovering fees payable to cover the cost of activities, carried out under this Act or another Act, relating to safety and health for explosives. Without limiting subsection (3) , a regulation may provide for any of the following— the types of activities for which fees may be charged and recovered; the fees to be charged; the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation; who must pay the fees; how, when, where, and to whom, the fees must be paid; the calculation of interest payable on unpaid fees; the information that must be provided by the persons who must pay the fees; how, when, where, and to whom, the information is to be provided; investigations by inspectors to obtain and check the information. A regulation may also create offences and impose penalties of not more than 200 penalty units for an offence. s 135 amd 2008 No. 43 s 7 ; 2011 No. 2 s 43 ; 2014 No. 40 s 154 sch 1 pt 4 ; 2019 No. 7 s 90 ; 2020 No. 14 s 33 ; 2020 No. 10 s 100 (sec.135-ssec.1) The Governor in Council may make regulations under this Act. (sec.135-ssec.2) Without limiting subsection (1) , a regulation may be made about any of the following matters— fees and charges; records to be kept by an authority holder; standards for the construction and maintenance of, and fittings, appliances, and equipment used in, factories and magazines; the use or storage in a factory or magazine of explosives or anything else that may ignite spontaneously; the appointment of a person to be the manager of a government magazine and the functions and powers of the manager; rules for the employment and conduct of workers in, and other persons entering, explosives factories or magazines; the way explosives that are dangerous to the public or property must be dealt with; the way explosives must be packed and labelled; condemning explosives and their destruction or disposal; conditions, and other requirements, that apply to an authority or security clearance; otherwise regulating activities in relation to explosives; the keeping of a register of authorities and security clearances, including the disclosure and publication of information in the register. (sec.135-ssec.3) Without limiting subsection (1) or (2) (a) , a regulation may be made about assessing, charging and recovering fees payable to cover the cost of activities, carried out under this Act or another Act, relating to safety and health for explosives. (sec.135-ssec.4) Without limiting subsection (3) , a regulation may provide for any of the following— the types of activities for which fees may be charged and recovered; the fees to be charged; the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation; who must pay the fees; how, when, where, and to whom, the fees must be paid; the calculation of interest payable on unpaid fees; the information that must be provided by the persons who must pay the fees; how, when, where, and to whom, the information is to be provided; investigations by inspectors to obtain and check the information. (sec.135-ssec.5) A regulation may also create offences and impose penalties of not more than 200 penalty units for an offence.