EXPLOSIVES ACT 1999 - As at 1 March 2023 - Act 15 of 1999

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Short title
• 2 Commencement
• 2A Purpose of Act
• 3 Definitions—the dictionary
• 4 Act binds all persons
• 4A Application of Act to coastal waters of the State
• 5 Act does not apply to some explosives
• 6 Act’s effect on other Acts
• 7 Exemptions

PART 2 - AUTHORISED AND PROHIBITED EXPLOSIVES

• 8 Authorised explosives
• 9 Register of authorised explosives
• 10 Prohibited explosives
• 11 Offence in relation to unauthorised and prohibited explosives
• 12 Approvals for trial etc. of unauthorised or prohibited explosives

PART 3 - AUTHORITIES AND SECURITY CLEARANCES

Division 1AA - Security clearances

• 12A Making applications for security clearances
• 12B Criteria for deciding applications
• 12C Deciding applications
• 12D Form of security clearances
• 12E Term of security clearances
• 12F Renewal of security clearances
Subdivision 2 - Information about applicants and security clearance holders
• 12G Reports about criminal history and other matters
• 12H Commissioner must give notice of particular matters
• 12I Requests for information about mental health
• 12J Failure to give information about mental health
• 12K Use of information obtained under s 12G, 12H or 12I

Division 1 - Authorities

• 13 Authorities that may be issued under Act
• 14 Application for authority
• 15 Inquiries about person’s appropriateness
• 15A Persons who are not appropriate persons
• 16 Additional information
• 16A Other information for application
• 17 How chief inspector may deal with application
• 18 Compliance with conditions
• 18A Form of authority
• 19 Term of authority
• 20 Transfer of authority
• 21 Renewal of authority
• 22 Division applies to application for renewal of licence

Division 2 - Suspension and cancellation of authorities and security clearances

• 23 Grounds for suspending or cancelling authorities
• 23A Grounds for suspending or cancelling security clearances
• 24 Procedure for suspension or cancellation
• 25 Procedure for urgent suspension or cancellation of authorities and security clearances
Subdivision 2 - Immediate suspensions and cancellations
• 25A Immediate suspension in particular circumstances
• 25B Immediate cancellation if protection order made
Subdivision 3 - Provisions about suspended and cancelled authorities and security clearances
• 26 Return of authorities and security clearances
• 26A Surrender of explosives

Division 3 - Other provisions about authorities and security clearances

• 27 Replacement of authorities and security clearances
• 28 Amendment of authority on application
• 29 Amendment of authority without application
• 30 Notice to return authority for alteration
• 30A Reporting loss, destruction or theft of authorities and security clearances
• 31 Surrender of authorities and security clearances

PART 4 - HANDLING EXPLOSIVES

Division 1 - Preliminary

• 32 General duty of care
• 33 Employers’ obligations about employees

Division 2 - Possession of explosives

• 34 Authority required to possess explosives

Division 3 - Moving explosives into and out of the State

• 35 Application of div 3
• 36 Bringing or sending certain explosives into and out of the State
• 37 Notice to chief inspector

Division 4 - Manufacturing explosives

• 38 Explosive to be manufactured under authority
• 39 Offences relating to entry of factories
• 40 Safety and security at factories

Division 5 - Selling explosives

• 41 Authority needed to sell explosives
• 42 Unauthorised sales of explosives
• 43 Selling explosives in public places prohibited

Division 6 - Storing explosives

• 44 Authority needed to store explosives
• 45 Where explosives may be stored
• 46 Government magazines
• 47 Offences relating to entry of magazines
• 48 Safety and security at magazines
• 49 Person storing explosives must take precautions

Division 7 - Transporting explosives

• 50 Transporting explosives
• 51 Explosives too dangerous to transport
• 51A Regulation may be made about particular matters
• 52 When div 7 does not apply

Division 8 - Using explosives

• 53 Authority needed to use explosives
• 54 Using explosives under conditions endangering life etc.

PART 4A - INDUSTRIAL MANSLAUGHTER

• 54A Definitions for part
• 54B Exception for the Criminal Code, s 23
• 54C Industrial manslaughter—employer
• 54D Industrial manslaughter—senior officer

PART 5 - INVESTIGATIONS AND INQUIRIES INTO EXPLOSIVES INCIDENTS

Division 1 - Investigations into explosives incidents

• 55 Meaning of relevant person
• 56 Notification of explosives incidents
• 56A Isolation of site of explosives incidents
• 57 Site not to be interfered with without inspector’s permission
• 58 Investigation by chief inspector or authority holder
• 59 Person must answer question about explosives incident
• 59A Abrogation of privilege against self-incrimination
• 59B Warning to be given by inspector

Division 2 - Inquiries into serious explosives incidents by board of inquiry

• 60 Minister may establish board of inquiry
• 61 Membership of board of inquiry
• 62 Role of board of inquiry
• 62A Conditions of appointment
• 62B Chief executive to arrange for services of staff for board of inquiry
• 63 Procedure
• 64 Inquiry to be held in public other than in special circumstances
• 65 Protection of members, legal representatives and witnesses
• 66 Record of proceedings to be kept
• 67 Procedural fairness and representation
• 68 Board’s powers on inquiry
• 69 Notice to witness
• 70 Inspection of documents or things
• 71 Inquiry may continue despite court proceeding unless otherwise ordered
• 72 Offences by witnesses
• 73 False or misleading statements to inquiry
• 74 False or misleading documents to inquiry
• 74A Abrogation of privilege against self-incrimination
• 74B Warning to be given by board of inquiry
• 75 Contempt of board
• 76 Report of offences
• 77 Change of membership of board

PART 6 - ADMINISTRATION AND ENFORCEMENT

Division 1 - Inspectors

• 78 CEO may appoint inspectors
• 79 Inspector’s identity card
• 80 Production or display of inspector’s identity card
• 80A Functions of inspectors
• 81 Powers of inspector
• 82 Inspector’s appointment conditions

Division 2 - Powers of inspectors

• 83 Power to enter places
Subdivision 2 - Procedure for entry
• 84 Entry with consent
• 85 Application for warrant
• 86 Issue of warrant
• 87 Special warrants
• 88 Warrants—procedure before entry
Subdivision 3 - Powers after entry
• 89 General powers after entering places
• 90 Power to seize evidence
• 90A Power to secure seized thing
• 90B Powers to support seizure
• 90C Offence to interfere
• 91 Receipt for seized things
• 92 Recovery of costs of seizure
• 93 Access to seized things
• 94 Forfeiture of seized things
• 95 Return of seized things
Subdivision 4 - Power to require information
• 96 Power to require name and address
• 97 Power to require attendance of persons before an inspector to answer questions
• 98 Failure to comply with requirement about attendance
• 99 False or misleading information
• 99A Person not to encourage or influence refusal to answer questions
• 100 Power to require production of documents
101. (Repealed) Subdivision 5 - Power to give direction or to take direct action
• 102 Power to give direction about contravention
• 103 Power to give direction in dangerous situation
• 104 Preventing injury and damage—taking direct action
Subdivision 6 - General offences
• 105 Obstruction of inspectors
• 105AA Impersonating inspectors or authorised officers
Subdivision 7 - Additional power of chief inspector
• 105A Definition for subdivision
• 105B Power to direct action in emergency
• 105C Relationship to Public Safety Preservation Act 1986

Division 2A - Authorised officers

• 105D Appointments
• 105E Appointment conditions and limit on powers
• 105F Functions of authorised officers
• 105G Authorised officer’s identity card

Division 3 - Additional power of Minister

• 106 Power to declare seized things forfeited

Division 4 - Injunctions

• 106A Applying for injunction
• 106B Grounds for injunction
• 106C Court’s powers for injunction
• 106D Terms of injunction

PART 7 - REVIEW OF DECISIONS

Division 1 - Internal review of decisions

• 107 Application for internal review of decision under s 56A, 102 or 103
• 108 Application for internal review of action under s 104
• 109 Applying for internal review
• 110 Stay of operation of decision

Division 2 - External reviews by QCAT

• 111 Application for external review
112. (Repealed) 113. (Repealed) 114. (Repealed) 115. (Repealed) 116. (Repealed)

PART 8 - GENERAL

Division 1 - General provisions about offences

• 117 Liability of executive officer—offence committed by corporation against s 32(1)
• 118 Proceeding for offence
• 118A WHS prosecutor may ask CEO for information
• 118B CEO’s duty to disclose information to WHS prosecutor
• 118C Procedure if prosecution not brought
• 119 Responsibility for acts or omissions of representatives
• 120 Proof of offence involving part or sample of explosive
• 121 Offences about false or misleading information or documents
• 122 Recovery of costs from convicted person
• 123 Forfeiture of things on conviction

Division 1A - Biometric information

• 123AA Application of division
• 123AB Definitions for division
• 123AC Taking biometric information for use under this Act
• 123AD Using biometric information
• 123AE Biometric information must be destroyed if relevant application refused or withdrawn
• 123AF When biometric information must be destroyed if authority or security clearance given

Division 2 - Other general provisions

• 123A Treatment of partnerships
• 124 Disposal of forfeited things
• 125 Recovery of costs of government action
• 126 Disclosure by doctors and psychologists of certain information
• 126AA Effect of appeals against domestic violence orders
• 126A Protection from reprisal
• 126B Damages entitlement for reprisal
• 126C Public statements
• 126D Chief inspector may issue safety and security alerts
• 127 Protection from liability
• 128 Delegation by Minister
• 129 Delegation by CEO
• 130 Delegation by chief inspector
• 131 Chief inspector may ask for information
• 132 Disclosure of information
• 132A Additional requirements for disclosure to particular persons
• 133 Evidentiary provision
• 133A Expert reports
• 133B Analysts’ reports
• 134 Approval of forms
• 135 Regulation-making power

PART 9 - REPEAL

• 136 Repeal

PART 10 - TRANSITIONAL AND VALIDATION PROVISIONS

Division 1 - Transitional provisions for Act No. 15 of 1999

• 138 Existing licences etc.
• 139 Existing register
• 140 (Expired)
• 141 Existing exemptions
• 142 Inspectors
• 143 References to Explosives Act 1952

Division 2 - Transitional provision for Mining and Other Legislation Amendment Act 2007

• 144 Existing applications for an authority or renewal of licence

Division 3 - Transitional provision for Mines and Energy Legislation Amendment Act 2011

• 145 Application of investigation costs provision to undecided appeals and reviews

Division 4 - Transitional and validation provision for Water Reform and Other Legislation Amendment Act 2014

• 146 Return of seized things

Division 5 - Validation provision for Land and Other Legislation Amendment Act 2017

• 147 Validation of particular appointments

Division 6 - Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2019

• 148 Definitions for division
• 149 Existing applications for or to renew authorities
• 150 Particular authority holders taken to hold security clearances
• 151 Application of s 15A to particular persons
• 152 Application of s 33 to particular persons
• 153 Application of explosives incident provisions

Division 7 - Transitional provisions for Resources Safety and Health Queensland Act 2020

• 154 Definitions for division
• 155 Functions performed and powers exercised by chief executive
• 156 References to chief executive
• 157 Existing proceedings
• 158 Costs of investigation
• 159 References to department

PART 11 - (Repealed)

• SCHEDULE 2