Queensland Consolidated Acts

EXPLOSIVES ACT 1999

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   2.      Commencement
   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

           Division 1--Authorities

   13.     Authorities that may be issued under Act
   14.     Application for authority
   15.     Inquiries about person's appropriateness
   16.     Additional information
   17.     How chief inspector may deal with application
   18.     Compliance with conditions
   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

   23.     Grounds for suspension or cancellation
   24.     Procedure for suspension or cancellation
   25.     Procedure for urgent suspension or cancellation of authority
   26.     Return of authority

           Division 3--Other provisions about authorities

   27.     Replacement of authority
   28.     Amendment of authority on application
   29.     Amendment of authority without application
   30.     Notice to return authority for alteration
   31.     Surrender of authority

           Part 4--Handling explosives

           Division 1--Preliminary

   32.     General duty of care
   33.     Employer's obligation 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 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 at magazines
   49.     Person storing explosives must take precautions

           Division 7--Transporting explosives

   50.     Transporting explosives
   51.     Explosives too dangerous to transport
   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 5--Investigations and inquiries into explosives incidents

           Division 1--Investigations into explosives incidents

   55.     Notice of explosives incident
   56.     Power to give direction to isolate site of explosives incident
   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

           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
   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
   75.     Contempt of board
   76.     Report of offences
   77.     Change of membership of board

           Part 6--Administration and enforcement

           Division 1--Inspectors

   78.     Chief executive may appoint inspectors
   79.     Inspector's identity card
   80.     Production or display of inspector's identity card
   81.     Powers of inspector
   82.     Inspector's appointment conditions

           Division 2--Powers of inspectors
           Subdivision 1--Entry of places

   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
   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 statements to inspector
   100.    Power to require production of documents
   101.    False or misleading documents to inspector
           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 enforcement offence
   105.    Obstruction of inspectors

           Division 3--Additional power of Minister

   106.    Power to declare seized things forfeited

           Part 7--Review of decisions and appeals

           Division 1--Review of decisions

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

           Division 2--Appeals

   111.    Appeals to Magistrates Court
   112.    How to start an appeal
   113.    Stay of operation of decision
   114.    Hearing procedures
   115.    Powers of court on appeal
   116.    Appeal to District Court on questions of law only

           Part 8--General

           Division 1--General provisions about offences

   117.    Executive officers must ensure corporation complies with Act
   118.    Proceeding for offence
   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 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
   127.    Protection from liability
   128.    Delegation by Minister
   129.    Delegation by chief executive
   130.    Delegation by chief inspector
   131.    Chief inspector may ask for information
   132.    Disclosure of information
   133.    Evidentiary provision
   134.    Approval of forms
   135.    Regulation-making power

           Part 9--Repeal

   136.    Repeal

           Part 10--Transitional provisions for Act No. 15 of 1999

   138.    Existing licences etc.
   139.    Existing register
   141.    Existing exemptions
   142.    Inspectors
   143.    References to Explosives Act 1952

           Part 11--Transitional provision for Mining and Other Legislation Amendment Act 2007

   144.    Existing applications for an authority or renewal of licence
           SCHEDULE 2 DICTIONARY
           Endnotes