sec.33Employers’ obligations about employees

sec.33 Employers’ obligations about employees

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) the employee is the age prescribed by regulation; and
• (b) for an employer who holds a security sensitive authority— (i) the employee holds a security clearance; or (ii) the access is within the course of the employee’s employment and in the presence, and under the direct supervision, of a person who holds a security clearance.
• (i) the employee holds a security clearance; or
• (ii) the access is within the course of the employee’s employment and in the presence, and under the direct supervision, of a person who holds a security clearance.
• (i) the employee holds a security clearance; or