Div 3Other matters

Division 3—Other matters 73—Self-incrimination (1) It is not an excuse for a person to refuse or fail to answer a question or to produce, or provide a copy of, a document or information as required under this Division on the ground that to do so might tend to incriminate the person or make the person liable to a penalty. (2) If compliance by a person with a requirement to answer a question or to produce, or provide a copy of, a document or information might tend to incriminate the person or make the person liable to a penalty, then— (a) in the case of a person who is required to produce, or provide a copy of, a document or information—the fact of production, or provision of a copy of, the document or the information (as distinct from the contents of the document or the information); or (b) in any other case—the answer given in compliance with the requirement, is not admissible in evidence against the person in proceedings for an offence or for the imposition of a penalty (other than proceedings in respect of the making of a false or misleading statement). 74—Notification of certain situations (1) If a notifiable situation occurs, the person who caused or permitted the situation to occur must, as soon as reasonably practicable after becoming aware of the situation, notify the Regulator of the situation, its nature, the circumstances in which it occurred and the action taken to deal with it. (2) A person is required to notify the Regulator of a notifiable situation despite the fact that to do so might tend to incriminate the person or make the person liable to a penalty. (3) A person will be taken to have complied with a notification requirement under subsection (1), if the person gives the Regulator notice in the form determined by the Regulator. (4) If a notifiable situation occurs, in relation to premises subject to, or connected with, a licence, the licence holder must ensure that records of the notifiable situation are— (a) made and kept in accordance with the requirements determined by the Regulator; and (b) made available to the Regulator at the Regulator's request. (5) In this section— notifiable situation means any of the following situations involving explosives: (a) the death, serious injury or illness of an individual or a situation that had the potential to cause death, serious injury or illness to an individual; (b) damage to property or the environment or a situation that had the potential to cause damage to property or the environment; (c) the theft, attempted theft or loss of explosives, or any other situation that results in explosives being unaccounted for; (d) the unauthorised use of, or interference with, explosives; (e) any other situation that the person considers suspicious and that threatens the security of explosives. 75—Power to recall (1) If, in the opinion of the Regulator, the supply or use of an explosive is unreasonably dangerous, the Regulator may direct that a particular explosive, or class of explosives, be recalled and specify the manner in which, and the period within which, the recall is to be conducted. (2) A person who is required by a recall order to conduct a recall under this section must give written notice to the Regulator of the completion of the recall as soon as practicable after that completion. (a) in the case of an individual—$25 000 or imprisonment for 1 year; (b) in the case of a body corporate—$125 000. (3) A person to whom a direction is issued under this section must comply with the direction. (a) in the case of an individual—$25 000 or imprisonment for 1 year; (b) in the case of a body corporate—$125 000. 76—Action in emergencies (1) If an authorised person considers on reasonable grounds that a dangerous situation exists and that immediate action is required, the authorised person may, after giving such notice (if any) as may be reasonable in the circumstances, take action or cause action to be taken as necessary to avert, eliminate or minimise safety risks. (2) In the exercise of powers under this section, an authorised person has, in addition to the other powers of an authorised person under this Act, power to— (a) enter and take possession of any place or vehicle (taking such action as is reasonably necessary for the purpose); and (b) seize, retain, move or destroy or otherwise dispose of an explosive. (3) Action may be taken or caused to be taken under this section whether or not a notice has been given to a person in relation to the dangerous situation under this Division. 77—Review of notices by Regulator (1) Subject to this section, a person to whom a notice is issued under this Part may, within 14 days after the issue of the notice, apply to the Regulator for a review of the decision to issue the notice. (2) The Regulator may determine an application for review as the Regulator thinks fit. (3) A review must be determined within 28 days of the application being lodged with the Regulator. (4) If a review is not determined within that period, the Regulator is to be taken to have confirmed the decision. (5) As soon as practicable after reviewing the decision to issue a notice, the Regulator must give the applicant in writing— (a) the decision on the review; and (b) the reasons for the decision.