EXPLOSIVES ACT 1999

Queensland Consolidated Acts

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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
80A. Function of inspector
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

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 56, 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

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
126A. Protection from reprisal
126B. Damages entitlement for reprisal
126C. Public statements
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

Division 1--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

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
SCHEDULE 2 -- DICTIONARY
Endnotes

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