Explosives Act 1999

Queensland Explosives Act 1999 Current as at [Not applicable] Indicative reprint note This is an unofficial version of a reprint of this Act that incorporates all proposed amendments to the Act included in the Land, Explosives and Other Legislation Amendment Bill 2019, as passed by the Parliament. This version of the indicative reprint includes amendments passed during consideration-in-detail. This indicative reprint has been prepared for information only— it is not an authorised reprint of the Act . The point-in-time date for this indicative reprint is the 3rd reading date for the Land, Explosives and Other Legislation Amendment Bill 2019—26 March 2019. Detailed information about indicative reprints is available on the Information page of the Queensland legislation website.

© State of Queensland 2018 This work is licensed under a Creative Commons Attribution 4.0 International License.

Not authorised —indicative only Queensland Explosives Act 1999 Contents Part 1 1 2 2A 3 4 4A 5 6 7 Part 2 8 9 10 11 12 Part 3 Division 1AA Subdivision 1 12A 12B 12C 12D 12E 12F Subdivision 2 12G Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Definitions—the dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Application of Act to coastal waters of the State . . . . . . . . . . . . . 10 Act does not apply to some explosives . . . . . . . . . . . . . . . . . . . . 10 Act’s effect on other Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Authorised and prohibited explosives Authorised explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Register of authorised explosives . . . . . . . . . . . . . . . . . . . . . . . . 11 Prohibited explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Offence in relation to unauthorised and prohibited explosives . . 12 Approvals for trial etc. of unauthorised or prohibited explosives . 12 Authorities and security clearances Security clearances Applications for security clearances Making applications for security clearances . . . . . . . . . . . . . . . . 13 Criteria for deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . 13 Deciding applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Form of security clearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Term of security clearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Renewal of security clearances . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Information about applicants and security clearance holders Reports about criminal history and other matters . . . . . . . . . . . . 16

Not authorised —indicative only Explosives Act 1999 Contents 12H 12I 12J 12K Division 1 13 14 15 15A 16 16A 17 18 18A 19 20 21 22 Division 2 Subdivision 1 23 23A 24 25 Subdivision 2 25A 25B Subdivision 3 26 26A Division 3 27 28 29 Commissioner must give notice of particular matters . . . . . . . . . 16 Requests for information about mental health . . . . . . . . . . . . . . . 17 Failure to give information about mental health . . . . . . . . . . . . . 19 Use of information obtained under s 12G, 12H or 12I . . . . . . . . . 19 Authorities Authorities that may be issued under Act . . . . . . . . . . . . . . . . . . 20 Application for authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Inquiries about person’s appropriateness . . . . . . . . . . . . . . . . . . 20 Persons who are not appropriate persons . . . . . . . . . . . . . . . . . 22 Additional information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Other information for application . . . . . . . . . . . . . . . . . . . . . . . . . 24 How chief inspector may deal with application . . . . . . . . . . . . . . 24 Compliance with conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Form of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Term of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Transfer of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 Renewal of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Division applies to application for renewal of licence . . . . . . . . . 26 Suspension and cancellation of authorities and security clearances Suspensions and cancellations generally Grounds for suspending or cancelling authorities . . . . . . . . . . . . 26 Grounds for suspending or cancelling security clearances . . . . . 28 Procedure for suspension or cancellation . . . . . . . . . . . . . . . . . . 28 Procedure for urgent suspension or cancellation of authorities and security clearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 Immediate suspensions and cancellations Immediate suspension in particular circumstances . . . . . . . . . . . 31 Immediate cancellation if protection order made . . . . . . . . . . . . . 32 Provisions about suspended and cancelled authorities and security clearances Return of authorities and security clearances . . . . . . . . . . . . . . . 32 Surrender of explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Other provisions about authorities and security clearances Replacement of authorities and security clearances . . . . . . . . . . 33 Amendment of authority on application . . . . . . . . . . . . . . . . . . . . 34 Amendment of authority without application . . . . . . . . . . . . . . . . 34 Page 2

30 30A 31 Part 4 Division 1 32 33 Division 2 34 Division 3 35 36 37 Division 4 38 39 40 Division 5 41 42 43 Division 6 44 45 46 47 48 49 Division 7 50 51 51A 52 Division 8 53 Explosives Act 1999 Contents Notice to return authority for alteration . . . . . . . . . . . . . . . . . . . . 35 Reporting loss, destruction or theft of authorities and security clearances 36 Surrender of authorities and security clearances . . . . . . . . . . . . 36 Handling explosives Preliminary General duty of care . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 Employers’ obligations about employees . . . . . . . . . . . . . . . . . . 38 Possession of explosives Authority required to possess explosives . . . . . . . . . . . . . . . . . . 38 Moving explosives into and out of the State Application of div 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Bringing or sending certain explosives into and out of the State . 39 Notice to chief inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 Manufacturing explosives Explosive to be manufactured under authority . . . . . . . . . . . . . . 40 Offences relating to entry of factories . . . . . . . . . . . . . . . . . . . . . 41 Safety and security at factories . . . . . . . . . . . . . . . . . . . . . . . . . . 41 Selling explosives Authority needed to sell explosives . . . . . . . . . . . . . . . . . . . . . . . 42 Unauthorised sales of explosives . . . . . . . . . . . . . . . . . . . . . . . . 42 Selling explosives in public places prohibited . . . . . . . . . . . . . . . 42 Storing explosives Authority needed to store explosives . . . . . . . . . . . . . . . . . . . . . 43 Where explosives may be stored . . . . . . . . . . . . . . . . . . . . . . . . 43 Government magazines . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 Offences relating to entry of magazines . . . . . . . . . . . . . . . . . . . 43 Safety and security at magazines . . . . . . . . . . . . . . . . . . . . . . . . 44 Person storing explosives must take precautions . . . . . . . . . . . . 44 Transporting explosives Transporting explosives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 Explosives too dangerous to transport . . . . . . . . . . . . . . . . . . . . 46 Regulation may be made about particular matters . . . . . . . . . . . 46 When div 7 does not apply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 Using explosives Authority needed to use explosives . . . . . . . . . . . . . . . . . . . . . . . 47 Page 3 Not authorised —indicative only

Explosives Act 1999 Contents Not authorised —indicative only 54 Part 5 Division 1 55 56 56A 57 58 59 59A 59B Division 2 60 61 62 62A 62B 63 64 65 66 67 68 69 70 71 72 73 74 74A 74B 75 76 77 Part 6 Using explosives under conditions endangering life etc. . . . . . . . 47 Investigations and inquiries into explosives incidents Investigations into explosives incidents Meaning of relevant person . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Notification of explosives incidents . . . . . . . . . . . . . . . . . . . . . . . 48 Isolation of site of explosives incidents . . . . . . . . . . . . . . . . . . . . 49 Site not to be interfered with without inspector’s permission . . . . 49 Investigation by chief inspector or authority holder . . . . . . . . . . . 50 Person must answer question about explosives incident . . . . . . 51 Abrogation of privilege against self-incrimination . . . . . . . . . . . . 51 Warning to be given by inspector . . . . . . . . . . . . . . . . . . . . . . . . 51 Inquiries into serious explosives incidents by board of inquiry Minister may establish board of inquiry . . . . . . . . . . . . . . . . . . . . 52 Membership of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . 52 Role of board of inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Conditions of appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 Chief executive to arrange for services of staff for board of inquiry 53 Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54 Inquiry to be held in public other than in special circumstances . 54 Protection of members, legal representatives and witnesses . . . 54 Record of proceedings to be kept . . . . . . . . . . . . . . . . . . . . . . . . 55 Procedural fairness and representation . . . . . . . . . . . . . . . . . . . 55 Board’s powers on inquiry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Notice to witness . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 Inspection of documents or things . . . . . . . . . . . . . . . . . . . . . . . . 56 Inquiry may continue despite court proceeding unless otherwise ordered 56 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 False or misleading statements to inquiry . . . . . . . . . . . . . . . . . . 57 False or misleading documents to inquiry . . . . . . . . . . . . . . . . . . 57 Abrogation of privilege against self-incrimination . . . . . . . . . . . . 58 Warning to be given by board of inquiry . . . . . . . . . . . . . . . . . . . 58 Contempt of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Report of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 Change of membership of board . . . . . . . . . . . . . . . . . . . . . . . . . 59 Administration and enforcement Page 4

Explosives Act 1999 Contents Not authorised —indicative only Division 1 78 79 80 80A 81 82 Division 2 Subdivision 1 83 Subdivision 2 84 85 86 87 88 Subdivision 3 89 90 90A 90B 90C 91 92 93 94 95 Subdivision 4 96 97 98 99 99A 100 Subdivision 5 Inspectors Chief executive may appoint inspectors . . . . . . . . . . . . . . . . . . . 60 Inspector’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Production or display of inspector’s identity card . . . . . . . . . . . . 61 Functions of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Powers of inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 Inspector’s appointment conditions . . . . . . . . . . . . . . . . . . . . . . . 62 Powers of inspectors Entry of places Power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 Procedure for entry Entry with consent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 Special warrants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Warrants—procedure before entry . . . . . . . . . . . . . . . . . . . . . . . 68 Powers after entry General powers after entering places . . . . . . . . . . . . . . . . . . . . . 68 Power to seize evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Power to secure seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Powers to support seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 Offence to interfere . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Receipt for seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Recovery of costs of seizure . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Access to seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Forfeiture of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73 Power to require information Power to require name and address . . . . . . . . . . . . . . . . . . . . . . 75 Power to require attendance of persons before an inspector to answer questions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Failure to comply with requirement about attendance . . . . . . . . . 76 False or misleading information . . . . . . . . . . . . . . . . . . . . . . . . . 77 Person not to encourage or influence refusal to answer questions 77 Power to require production of documents . . . . . . . . . . . . . . . . . 77 Power to give direction or to take direct action Page 5

Explosives Act 1999 Contents Not authorised —indicative only 102 103 104 Subdivision 6 105 105AA Subdivision 7 105A 105B 105C Division 2A 105D 105E 105F 105G Division 3 106 Division 4 106A 106B 106C 106D Part 7 Division 1 107 108 109 110 Division 2 111 Part 8 Division 1 117 118 119 Power to give direction about contravention . . . . . . . . . . . . . . . . 78 Power to give direction in dangerous situation . . . . . . . . . . . . . . 79 Preventing injury and damage—taking direct action . . . . . . . . . . 80 General offences Obstruction of inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Impersonating inspectors or authorised officers . . . . . . . . . . . . . 81 Additional power of chief inspector Definition for subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 Power to direct action in emergency . . . . . . . . . . . . . . . . . . . . . . 82 Relationship to Public Safety Preservation Act 1986 . . . . . . . . . 82 Authorised officers Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 84 Functions of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . 84 Authorised officer’s identity card . . . . . . . . . . . . . . . . . . . . . . . . . 85 Additional power of Minister Power to declare seized things forfeited . . . . . . . . . . . . . . . . . . . 85 Injunctions Applying for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Grounds for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Court’s powers for injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 Terms of injunction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 Review of decisions Internal review of decisions Application for internal review of decision under s 56A, 102 or 103 88 Application for internal review of action under s 104 . . . . . . . . . . 88 Applying for internal review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 88 Stay of operation of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89 External reviews by QCAT Application for external review . . . . . . . . . . . . . . . . . . . . . . . . . . 90 General General provisions about offences Liability of executive officer—offence committed by corporation against s 32(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 Proceeding for offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92 Responsibility for acts or omissions of representatives . . . . . . . . 92 Page 6

120 121 122 123 Division 1A 123AA 123AB 123AC 123AD 123AE 123AF Division 2 123A 124 125 126 126AA 126A 126B 126C 126D 127 128 129 130 131 132 132A 133 133A 133B 134 135 Part 9 Explosives Act 1999 Contents Proof of offence involving part or sample of explosive . . . . . . . . 93 Offences about false or misleading information or documents . . 94 Recovery of costs from convicted person . . . . . . . . . . . . . . . . . . 94 Forfeiture of things on conviction . . . . . . . . . . . . . . . . . . . . . . . . 94 Biometric information Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Taking biometric information for use under this Act . . . . . . . . . . 96 Using biometric information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Biometric information must be destroyed if relevant application refused or withdrawn . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 When biometric information must be destroyed if authority or security clearance given . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Other general provisions Treatment of partnerships . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98 Disposal of forfeited things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Recovery of costs of government action . . . . . . . . . . . . . . . . . . . 99 Disclosure by doctors and psychologists of certain information . 100 Effect of appeals against domestic violence orders . . . . . . . . . . 100 Protection from reprisal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 Damages entitlement for reprisal . . . . . . . . . . . . . . . . . . . . . . . . 102 Public statements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Chief inspector may issue safety and security alerts . . . . . . . . . 103 Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 Delegation by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Delegation by chief inspector . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 Chief inspector may ask for information . . . . . . . . . . . . . . . . . . . 105 Disclosure of information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 Additional requirements for disclosure to particular persons . . . . 106 Evidentiary provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Expert reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 Analysts’ reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Approval of forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Repeal Page 7 Not authorised —indicative only

Not authorised —indicative only Explosives Act 1999 Contents 136 Part 10 Division 1 138 139 141 142 143 Division 2 144 Division 3 145 Division 4 146 Division 5 147 Division 6 148 149 150 151 152 153 Schedule 2 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 Transitional and validation provisions Transitional provisions for Act No. 15 of 1999 Existing licences etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Existing register . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Existing exemptions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 Inspectors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 112 References to Explosives Act 1952 . . . . . . . . . . . . . . . . . . . . . . . 113 Transitional provision for Mining and Other Legislation Amendment Act 2007 Existing applications for an authority or renewal of licence . . . . . 113 Transitional provision for Mines and Energy Legislation Amendment Act 2011 Application of investigation costs provision to undecided appeals and reviews . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 Transitional and validation provision for Water Reform and Other Legislation Amendment Act 2014 Return of seized things . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 Validation provision for Land and Other Legislation Amendment Act 2017 Validation of particular appointments . . . . . . . . . . . . . . . . . . . . . 115 Transitional provisions for Land, Explosives and Other Legislation Amendment Act 2018 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115 Existing applications for or to renew authorities . . . . . . . . . . . . . 116 Particular authority holders taken to hold security clearances . . 116 Application of s 15A to particular persons . . . . . . . . . . . . . . . . . . 118 Application of s 33 to particular persons . . . . . . . . . . . . . . . . . . . 118 Application of explosives incident provisions . . . . . . . . . . . . . . . 118 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 119 Page 8

Explosives Act 1999 Explosives Act 1999 Part 1 Preliminary [s 1] An Act to regulate the handling of and access to explosives, and for other purposes Not authorised —indicative only Part 1 Preliminary 1 Short title This Act may be cited as the Explosives Act 1999 . 2 Commencement This Act commences on a day to be fixed by proclamation. 2A Purpose of Act (1) The purpose of this Act is to regulate the handling of, and access to, explosives to protect public health and safety, property and the environment. (2) The purpose is achieved primarily by— (a) enabling explosives to be declared as authorised explosives or prohibited explosives; and (b) requiring an authority for the handling of explosives; and (c) ensuring that persons who hold an authority in relation to a security sensitive explosive also hold a security clearance; and (d) ensuring explosives are accessed only by persons— (i) who hold a security clearance; or Current as at [Not applicable] Page 9

Not authorised —indicative only Explosives Act 1999 Part 1 Preliminary [s 3] (ii) who are under the direct supervision of a person who holds a security clearance; and (e) imposing a duty of care and other obligations on persons who handle explosives; and (f) enabling investigations and inquiries to be carried out for explosives incidents. 3 Definitions—the dictionary The dictionary in schedule 2 defines particular words used in this Act. 4 Act binds all persons This Act binds all persons, including the State and, so far as the legislative power of the Parliament permits, the Commonwealth and the other States. 4A Application of Act to coastal waters of the State This Act applies to the coastal waters of the State as if the coastal waters of the State were part of the State. 5 Act does not apply to some explosives This Act does not apply to explosives to which the Explosives Act 1961 (Cwlth) applies. 6 Act’s effect on other Acts (1) If there is an inconsistency between this Act and an Act about mining, the Act about mining prevails to the extent of the inconsistency. (2) In subsection (1)— Act about mining means— (a) the Coal Mining Safety and Health Act 1999 ; or Page 10 Current as at [Not applicable]

Explosives Act 1999 Part 2 Authorised and prohibited explosives [s 7] (b) the Mining and Quarrying Safety and Health Act 1999 . Not authorised —indicative only 7 Exemptions (1) A regulation may exempt an explosive or a government entity from this Act or any of its provisions. (2) An exemption may be given on stated conditions. (3) If an exemption is given on conditions, the exemption operates only if the conditions are complied with. Part 2 Authorised and prohibited explosives 8 Authorised explosives (1) The chief inspector may declare an explosive to be an authorised explosive for this Act. (2) Before making a declaration under subsection (1), the chief inspector must— (a) define the composition, quality and character of the explosive; and (b) classify the explosive in a way prescribed under a regulation. (3) If the composition, quality or character of an authorised explosive changes, the explosive stops being an authorised explosive. 9 Register of authorised explosives (1) The chief inspector must keep a register of authorised explosives. (2) The register— (a) must include the defined composition, quality, character and classification of each authorised explosive; and Current as at [Not applicable] Page 11

Not authorised —indicative only Explosives Act 1999 Part 2 Authorised and prohibited explosives [s 10] (b) is not open to inspection by anyone other than the chief inspector or an inspector. (3) However, the chief inspector must give a list of authorised explosives to anyone who asks for it. (4) The list must not include the defined composition, quality or character of the explosives named in it. 10 Prohibited explosives A regulation may declare an explosive to be a prohibited explosive. 11 Offence in relation to unauthorised and prohibited explosives (1) A person must not manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive. Maximum penalty—400 penalty units or 6 months imprisonment. (2) Subsection (1) does not apply to an act done under an explosives trial approval. 12 Approvals for trial etc. of unauthorised or prohibited explosives A regulation may authorise the chief inspector to issue to a person an approval to manufacture, possess, sell, store, transport or use an unauthorised or prohibited explosive for trial, experiment or examination (an explosives trial approval ). Page 12 Current as at [Not applicable]

Part 3 Explosives Act 1999 Part 3 Authorities and security clearances [s 12A] Authorities and security clearances Not authorised —indicative only Division 1AA Security clearances Subdivision 1 Applications for security clearances 12A Making applications for security clearances (1) An individual may apply to the chief inspector for a security clearance. (2) The application must— (a) be in the approved form; and (b) be accompanied by the fee prescribed by regulation; and (c) include or be accompanied by the information prescribed by regulation. 12B Criteria for deciding applications (1) The chief inspector may decide to give a security clearance to the applicant only if satisfied the applicant is a suitable person to hold the security clearance. (2) In deciding whether the applicant is a suitable person to hold the security clearance, the chief inspector— (a) must consider— (i) the applicant’s criminal history; and (ii) whether the applicant has, at any time, been named as the respondent in a domestic violence order or police protection notice; and (iii) whether release conditions have, at any time, been imposed on the applicant under the Domestic and Current as at [Not applicable] Page 13

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 12C] Family Violence Protection Act 2012, section 125; and (b) may consider— (i) the applicant’s mental health; and (ii) information about the applicant that indicates the applicant is a risk to public safety or it would be contrary to the public interest for the applicant to hold the security clearance; and (iii) anything else relevant to the applicant’s suitability to hold the security clearance. (3) The applicant is not a suitable person to hold the security clearance if— (a) the applicant is named as the respondent in a domestic violence order, or police protection notice, that is in force; or (b) release conditions have been imposed on the applicant under the Domestic and Family Violence Protection Act 2012, section 125 and the release conditions are in force. 12C Deciding applications (1) The chief inspector must, after considering the application and any other information obtained in relation to the application, decide to— (a) give the security clearance; or (b) refuse to give the security clearance. Note— See also section 123AC(2). (2) If the chief inspector decides to give the security clearance, the chief inspector must promptly give the applicant the security clearance. Page 14 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 12D] (3) If the chief inspector decides to refuse to give the security clearance, the chief inspector must promptly give the applicant an information notice for the decision. 12D Form of security clearances A security clearance must— (a) be in the approved form; and (b) include a digital photo, and digitised signature, of the holder of the security clearance. 12E Term of security clearances (1) A security clearance is given for the term, of not more than 5 years, stated in the security clearance. (2) The security clearance expires at the end of the stated term. 12F Renewal of security clearances (1) The holder of a security clearance may apply for the renewal of the security clearance. (2) The application must be made to the chief inspector before the security clearance expires. (3) Sections 12A(2) to 12E apply to the application as if— (a) a reference in the sections to an application for a security clearance were a reference to an application to renew a security clearance; and (b) a reference in the sections to the giving of a security clearance were a reference to the renewal of a security clearance; and (c) a reference in sections 12D and 12E to a security clearance were a reference to a renewed security clearance. Current as at [Not applicable] Page 15

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 12G] Subdivision 2 Information about applicants and security clearance holders 12G Reports about criminal history and other matters (1) This section applies in relation to the following persons— (a) an applicant for a security clearance; (b) the holder of a security clearance. (2) The chief inspector may ask the commissioner for a written report about— (a) the person’s criminal history, including a brief description of the nature of any offence giving rise to a conviction or charge mentioned in the person’s criminal history; and (b) whether the person has, at any time, been named as the respondent in a domestic violence order or police protection notice; and (c) whether release conditions have, at any time, been imposed on the person under the Domestic and Family Violence Protection Act 2012, section 125. (3) The commissioner must give the report to the chief inspector. (4) However, the report is required to contain only information about the matters mentioned in subsection (2)— (a) in the commissioner’s possession; or (b) to which the commissioner has access. 12H Commissioner must give notice of particular matters (1) This section applies if— (a) the commissioner reasonably suspects a person is— (i) an applicant for a security clearance; or (ii) the holder of a security clearance; and Page 16 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 12I] (b) any of the following events happens after the application is made or during the term of the security clearance— (i) the person’s criminal history changes; (ii) the person is named as the respondent in a domestic violence order or police protection notice; (iii) release conditions are imposed on the person under the Domestic and Family Violence Protection Act 2012, section 125. (2) The commissioner must give the chief inspector a written notice about the event. (3) The notice must— (a) state— (i) the person’s name and any other name the commissioner believes the person may use or may have used; and (ii) the person’s date and place of birth; and (b) if subsection (1)(b)(i) applies—include a brief description of the nature of the offence or alleged offence giving rise to the conviction or charge to which the change relates; and (c) if subsection (1)(b)(ii) or (iii) applies—be accompanied by a copy of the domestic violence order, police protection notice or release conditions. (4) The chief inspector may confirm the suspicions of the commissioner mentioned in subsection (1)(a). (5) For a person who does not have a criminal history, there is taken to be a change in the person’s criminal history if the person acquires a criminal history. 12I Requests for information about mental health (1) This section applies in relation to the following persons— (a) an applicant for a security clearance; Current as at [Not applicable] Page 17

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 12I] (b) the holder of a security clearance. (2) The chief inspector may, by written notice given to the person, ask the person to give the chief inspector further information the chief inspector reasonably needs about the person’s mental health to decide whether the person is a suitable person to hold, or to continue to hold, a security clearance. (3) Without limiting subsection (2), the chief inspector may ask the person to give the chief inspector a report from a doctor or psychologist about the person’s mental health. (4) The notice must state that the information must be given within the period, of at least 28 days after the notice is given, stated in the notice. (5) If the chief inspector is given a report mentioned in subsection (3), the chief inspector may— (a) make information about the person having access to explosives available to the doctor or psychologist who prepared the report; and (b) ask the doctor or psychologist to give the chief inspector a further report about the person’s mental health. (6) The chief inspector may make the information available to the doctor or psychologist only if the chief inspector reasonably considers— (a) the doctor or psychologist was not aware of the information; and (b) the information may influence the doctor’s or psychologist’s opinion about the person’s mental health. (7) If the chief inspector makes the information available to the doctor or psychologist, the chief inspector must advise the person of that fact. (8) The chief inspector may make the information available to the doctor or psychologist despite any other Act. Page 18 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 12J] 12J Failure to give information about mental health (1) This section applies if an applicant for a security clearance, or the renewal of a security clearance, does not comply with a notice given to the applicant under section 12I(2). (2) The applicant is taken to have withdrawn the application for the security clearance or the renewal of the security clearance. 12K Use of information obtained under s 12G, 12H or 12I (1) Information about a person given to the chief inspector under section 12G or 12H may be used only for making a decision— (a) under section 12B about whether the person is a suitable person to hold a security clearance; or (b) under section 24 or 25 about— (i) whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A(1)(b) or (c); or (ii) whether to suspend or cancel an authority held by the person on the ground mentioned in section 23(1)(c). (2) Information about a person given to the chief inspector under section 12I may be used only— (a) for making a decision under section 12B about whether the person is a suitable person to hold a security clearance; or (b) for making a decision under section 24 or 25 about whether to suspend or cancel the person’s security clearance on a ground mentioned in section 23A(1)(c); or (c) to investigate or prosecute an offence against this Act. (3) Subsection (4) applies if, in making a decision mentioned in subsection (1), the chief inspector is considering information about— Current as at [Not applicable] Page 19

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 13] (a) the commission of an offence by the person; or (b) the alleged or possible commission of an offence by the person. (4) The chief inspector must also consider— (a) when the offence was committed, is alleged to have been committed or may possibly have been committed; and (b) the nature of the offence, or alleged or possible offence, and its relevance to the person holding, or continuing to hold, a security clearance or authority; and (c) any other matter the chief inspector considers relevant to the decision. (5) This section is subject to section 132. Division 1 Authorities 13 Authorities that may be issued under Act A regulation may prescribe the authorities that may be issued under this Act and what each authority authorises. 14 Application for authority (1) A person may apply to the chief inspector for an authority. (2) The application must— (a) be made in the approved form; and (b) be accompanied by the fee prescribed under a regulation for the authority. 15 Inquiries about person’s appropriateness (1) This section applies to the following persons— (a) an applicant for an authority; (b) an authority holder; Page 20 Current as at [Not applicable]

Explosives Act 1999 Part 3 Authorities and security clearances [s 15] Not authorised —indicative only (c) an employee of an applicant for an authority; (d) an employee of an authority holder. (2) The chief inspector may make reasonable inquiries about the person to help in deciding whether the person— (a) for subsection (1)(a)—is an appropriate person for the grant of an authority; or (b) for subsection (1)(b)—continues to be an appropriate person to hold an authority; or (c) for subsection (1)(c)—is an appropriate person to have access to explosives; or (d) for subsection (1)(d)—continues to be an appropriate person to have access to explosives. (3) If the person is an individual, the chief inspector may, for subsection (2), make inquiries about the person’s identity, character, physical health and relevant experience and expertise. (4) In deciding whether the person is an appropriate person, the chief inspector may consider, among other things— (a) if the person is an individual— (i) the person’s physical health; and (ii) whether the person has stated anything in, or in relation to, an application for an authority or the renewal of an authority the person knows is false or misleading in a material particular; or (b) if the person is a corporation— (i) whether the corporation is an insolvent under administration under the Corporations Act; and (ii) whether the corporation has been convicted, in Queensland or elsewhere, of an offence involving a prescribed activity; and (iii) whether an executive officer of the corporation would be considered to be an appropriate person under this section; and Current as at [Not applicable] Page 21

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 15A] (iv) information that indicates it would be contrary to the public interest for the corporation to hold an authority. (5) Also, in deciding whether an applicant for an authority or an authority holder is an appropriate person, the chief inspector must consider whether the person has adequate facilities for the use and handling of explosives. (6) Information required to be supplied under this section may be used only to decide whether the person is an appropriate person for this section or to investigate or prosecute an offence and must not be disclosed for any purpose other than as provided by section 132. (7) For this section, the chief inspector may— (a) inspect the facilities mentioned in subsection (5); or (b) supply information or a document relevant to the person’s identity to an officer or member of a State or Commonwealth police service; or (c) require the person to display an adequate knowledge of safety and security practices for the use and handling of explosives. (8) An applicant for an authority is taken to have withdrawn the application if the applicant fails to allow the inspection under subsection (7)(a) within a stated reasonable time (not less than 28 days after notice of the requirement is given to the applicant). 15A Persons who are not appropriate persons (1) This section applies to a person who is an applicant for, or the holder of, a security sensitive authority. (2) The person is not an appropriate person to hold, or to continue to hold, the security sensitive authority if an employee of the person— (a) has or will have unsupervised access to an explosive in the course of the employee’s employment; and Page 22 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 16] (b) does not hold a security clearance. (3) For this section, an employee of the person has or will have unsupervised access to an explosive if the employee is or will be able to access the explosive other than in the presence, and under the direct supervision, of a person who holds a security clearance. 16 Additional information (1) The chief inspector may, by written notice, require a person mentioned in section 15(1) to give the chief inspector further information the chief inspector reasonably needs to be satisfied about the person’s identity or physical health. (2) Without limiting subsection (1), the chief inspector may ask the person to give the chief inspector a report from a doctor about the person’s physical health. (3) The notice must— (a) state that the information must be given within a stated reasonable time (not less than 28 days after the notice is given); and (b) be given to— (i) for a person mentioned in section 15(1)(a) or (c)— the applicant for the authority; or (ii) for a person mentioned in section 15(1)(b) or (d)— the authority holder. (4) Information required to be supplied under this section may be used only to decide whether the person is an appropriate person for section 15 or to investigate or prosecute an offence and must not be disclosed for any purpose other than as provided under section 132. (5) An applicant for an authority is taken to have withdrawn the application if the applicant or the applicant’s employee fails to provide the information required under subsection (1) within the time stated in the notice. Current as at [Not applicable] Page 23

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 16A] 16A Other information for application The chief inspector may, by written notice given to an applicant for an authority, require the applicant to give any other information the chief inspector reasonably needs to decide the application. 17 How chief inspector may deal with application (1) The chief inspector must consider an application for an authority and either— (a) issue the authority with or without conditions; or (b) refuse to issue the authority. Note— See also section 123AC(2). (2) If the application is for a security sensitive authority, the chief inspector must refuse to issue the authority unless— (a) if the applicant is an individual—the applicant holds a security clearance; or (b) if the applicant is a listed corporation— (i) the corporation has a responsible person; and (ii) the responsible person holds a security clearance; or (c) if the applicant is a corporation other than a listed corporation—each executive officer of the corporation holds a security clearance; or (d) if the applicant is a partnership—each partner holds a security clearance. (3) If the chief inspector decides to issue the authority, the chief inspector must promptly give the applicant— (a) the authority; and (b) if the authority is subject to conditions, an information notice for the decision to impose conditions. Page 24 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 18] (4) If the chief inspector decides not to issue the authority, the chief inspector must promptly— (a) give the applicant an information notice for the decision; and (b) refund fees paid by the applicant, other than fees for assessing the application. 18 Compliance with conditions (1) An authority holder must comply with the conditions prescribed under a regulation for each authority issued to the authority holder. Maximum penalty—200 penalty units. (2) If the chief inspector imposes a condition on an authority, the authority holder must comply with the condition. Maximum penalty—200 penalty units. 18A Form of authority An authority must— (a) be in the approved form; and (b) if the authority is an occupational authority—include a digital photo, and digitised signature, of the holder of the authority. 19 Term of authority (1) An authority is for the term stated in the authority, but can not be for more than the term prescribed under a regulation. (2) At the end of the term, the authority expires. 20 Transfer of authority (1) A licence, other than an occupational authority, may be transferred with the written approval of the chief inspector. Current as at [Not applicable] Page 25

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 21] (2) Another type of authority can not be transferred. 21 Renewal of authority (1) A licence is renewable. (2) An authority other than a licence can not be renewed. 22 Division applies to application for renewal of licence (1) This division applies to an application for the renewal of a licence. (2) However, the chief inspector may renew a licence only if the application is made to the chief inspector before the licence expires. Division 2 Suspension and cancellation of authorities and security clearances Subdivision 1 Suspensions and cancellations generally 23 Grounds for suspending or cancelling authorities (1) Each of the following is a ground for the suspension or cancellation of an authority— (a) the authority was obtained because of incorrect or misleading information; (b) the holder has contravened an authority condition; (c) the holder is convicted of or charged with— (i) an offence against this Act or an Act of another State about explosives; or (ii) another offence involving the use of explosives; Page 26 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 23] (d) the holder, or someone else required under a regulation to be an appropriate person for the issue of the authority, is not, or is no longer, an appropriate person; (e) someone other than the holder controls the holder’s operations under the authority; (f) the level of safety under which an activity is carried out under the authority is inadequate for ensuring the safety of a person; (g) the measures used at a place at which an activity is carried out under the authority are inadequate for keeping an explosive at the place secure from access by a person who should not have access to the explosive; (h) the holder of the authority has not complied with section 33(2); (i) if the holder of the authority is an individual—the holder’s security clearance has expired, or been cancelled, suspended or surrendered; (j) if the holder of the authority is a listed corporation— (i) there is not a responsible person for the corporation; or (ii) the security clearance held by the responsible person for the corporation has expired, or been cancelled, suspended or surrendered; (k) if the holder of the authority is a corporation other than a listed corporation—the security clearance held by an executive officer of the corporation has expired, or been cancelled, suspended or surrendered; (l) if the holder of the authority is a partnership—the security clearance held by a partner has expired, or been cancelled, suspended or surrendered. (2) However, subsection (1)(i) to (l) applies only if the authority is a security sensitive authority. Current as at [Not applicable] Page 27

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 23A] 23A Grounds for suspending or cancelling security clearances (1) Each of the following is a ground for the suspension or cancellation of a security clearance— (a) the security clearance was obtained because of incorrect or misleading information; (b) the holder of the security clearance is, in Queensland or elsewhere, convicted of or charged with a relevant offence; (c) the holder of the security clearance is no longer a suitable person to continue to hold the security clearance. (2) In deciding whether the holder of a security clearance is no longer a suitable person to continue to hold the security clearance, the chief inspector may have regard to the matters mentioned in section 12B(2). (3) In this section— relevant offence means an offence— (a) involving a prescribed activity; or (b) involving violence or threatened violence; or (c) involving the use, carriage, discharge or possession of a firearm; or (d) relating to the misuse of drugs; or (e) involving breaking and entering into premises, burglary, robbery, stealing or receiving stolen property; or (f) involving fraud, the fabrication of evidence, perjury or the making of a false declaration or statement. 24 Procedure for suspension or cancellation (1) This section applies if the chief inspector considers there is a ground to suspend or cancel an authority or security clearance (the proposed action ). Page 28 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 24] (2) Before taking the proposed action, the chief inspector must give the holder of the authority or security clearance a written notice stating— (a) the proposed action; and (b) the grounds for the proposed action; and (c) an outline of the facts and circumstances that are the basis of the grounds; and (d) if the proposed action is suspension of the authority or security clearance—the proposed suspension period; and (e) that the holder may show, within a stated reasonable time (not less than 28 days after the notice is given to the holder) why the proposed action should not be taken. (3) If, after considering all representations made within the stated time, the chief inspector still considers there is a ground to take the proposed action, the chief inspector may— (a) if the proposed action was to suspend the authority or security clearance for a stated period—suspend the authority or security clearance for not longer than the proposed suspension period; or (b) if the proposed action was to cancel the authority or security clearance—either cancel the authority or security clearance or suspend it for a period. (4) The chief inspector must inform the holder of the authority or security clearance of the decision by written notice. (5) If the chief inspector decides to suspend or cancel the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision. (6) The decision takes effect on the day the notice is given to the holder of the authority or security clearance, or if a later day of effect is stated in the notice, the later day. Current as at [Not applicable] Page 29

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 25] (7) However, if the authority or security clearance is suspended or cancelled because of the conviction of a person for an offence, the suspension or cancellation— (a) does not take effect until— (i) the end of the time to appeal against the conviction; and (ii) if an appeal is made against the conviction—the appeal is finally decided or otherwise ends; and (b) has no effect if the conviction is quashed. 25 Procedure for urgent suspension or cancellation of authorities and security clearances (1) This section applies if the chief inspector is reasonably satisfied— (a) urgent action is necessary in the particular circumstances; and (b) undue delay in suspending or cancelling an authority or security clearance may cause harm to the public. (2) The chief inspector may suspend or cancel an authority or security clearance for the reason mentioned in subsection (1) without previous notice to the holder of the authority or security clearance. (3) However, the chief inspector must immediately inform the holder of the authority or security clearance of the decision by giving an information notice for the decision. (4) The decision takes effect on the day the information notice is given to the holder of the authority or security clearance or, if a later day of effect is stated in the information notice, the later day. Page 30 Current as at [Not applicable]

Not authorised —indicative only Subdivision 2 Explosives Act 1999 Part 3 Authorities and security clearances [s 25A] Immediate suspensions and cancellations 25A Immediate suspension in particular circumstances (1) This section applies to the holder of an authority or security clearance if— (a) the holder is named as the respondent in— (i) a temporary protection order; or (ii) a police protection notice; or (b) release conditions are imposed on the holder under the Domestic and Family Violence Protection Act 2012, section 125. (2) The authority or security clearance is suspended— (a) if the holder is named as the respondent in a temporary protection order and is present in court when the order is made—while the order is in force; or (b) if release conditions are imposed on the holder—while the release conditions are in force; or (c) otherwise—from when the holder is served with the temporary protection order or police protection notice until the order or notice is no longer in force. (3) In this section— temporary protection order means— (a) a temporary protection order under the Domestic and Family Violence Protection Act 2012; or (b) an interstate domestic violence order corresponding to a temporary protection order mentioned in paragraph (a). Current as at [Not applicable] Page 31

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 25B] 25B Immediate cancellation if protection order made (1) This section applies to the holder of an authority or security clearance if the holder is named as the respondent in a protection order. (2) The authority or security clearance is cancelled— (a) if the holder is present in court when the protection order is made—when the order is made; or (b) otherwise—when the holder is served with the protection order. (3) In this section— protection order means— (a) a protection order under the Domestic and Family Violence Protection Act 2012; or (b) an interstate domestic violence order corresponding to a protection order mentioned in paragraph (a). Subdivision 3 Provisions about suspended and cancelled authorities and security clearances 26 Return of authorities and security clearances (1) The holder of a suspended authority or security clearance, or the former holder of a cancelled authority or security clearance, must return the authority or security clearance to the chief inspector within 14 days after the suspension or cancellation takes effect, unless the person has a reasonable excuse for not returning it, or not returning it within that time. Maximum penalty—200 penalty units. (2) If a suspended authority or security clearance is returned to the chief inspector, the chief inspector must return it to the holder of the authority or security clearance at the end of the suspension period. Page 32 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 26A] 26A Surrender of explosives (1) This section applies to a person whose authority is suspended or cancelled under this division. (2) The person must immediately arrange with an inspector to give to an inspector any explosives the person has, as soon as practicable, but no later than 1 day, after the suspension or cancellation takes effect, unless the person has a reasonable excuse. Maximum penalty—40 penalty units. (3) The person must comply with the arrangement under subsection (2), unless the person has a reasonable excuse. Maximum penalty—100 penalty units. Division 3 Other provisions about authorities and security clearances 27 Replacement of authorities and security clearances (1) The holder of an authority or security clearance may apply to the chief inspector for the replacement of a lost, stolen or destroyed authority or security clearance. (2) The chief inspector must consider the application and either— (a) replace the authority or security clearance; or (b) refuse to replace the authority or security clearance. (3) If the chief inspector is reasonably satisfied the authority or security clearance has been lost, stolen or destroyed, the chief inspector must replace the authority or security clearance. (4) If the chief inspector decides to refuse to replace the authority or security clearance, the chief inspector must give the holder of the authority or security clearance an information notice for the decision. Current as at [Not applicable] Page 33

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 28] 28 Amendment of authority on application (1) An authority holder may apply to the chief inspector for an amendment of the authority. (2) The application must— (a) be made in the approved form; and (b) be made at least 28 days before the holder wants the amendment to take effect; and (c) be accompanied by the fee prescribed under a regulation. (3) However, failure to comply with subsection (2) does not prevent the chief inspector dealing with the application. (4) The chief inspector must decide the application by— (a) amending the authority in the way sought; or (b) refusing to amend the authority. (5) The chief inspector may amend the authority only if the chief inspector is reasonably satisfied the amendment is desirable in the interests of the effective administration of this Act. (6) If the chief inspector decides to amend the authority, the chief inspector must promptly give the authority holder a written notice stating the decision and the amendment. (7) If the chief inspector decides not to amend the authority, the chief inspector must give the authority holder an information notice for the decision. 29 Amendment of authority without application (1) This section applies if the chief inspector considers it is desirable to amend an authority in the interests of the effective administration of this Act. (2) Before amending the authority, the chief inspector must give the authority holder a written notice stating— (a) the proposed amendment; and (b) the reasons for the amendment; and Page 34 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 3 Authorities and security clearances [s 30] (c) that the holder may show, within a stated reasonable time of at least 28 days after the notice is given to the holder, why the amendment should not be made. (3) If, after considering all representations made within the stated time, the chief inspector still believes the authority should be amended, the chief inspector may amend the authority— (a) in the way proposed; or (b) in another way, having regard to the representations. (4) The chief inspector must inform the authority holder of the decision by written notice. (5) If the chief inspector decides to amend the authority, the chief inspector must give the authority holder an information notice. (6) Subsections (1) to (5) do not apply if the chief inspector proposes to amend the authority— (a) by omitting a condition; or (b) for a formal or clerical reason that does not adversely affect the authority holder’s interests. (7) The chief inspector may amend a condition of an authority in a way mentioned in subsection (6) by giving the authority holder an information notice for the decision to amend the authority. 30 Notice to return authority for alteration (1) The chief inspector may, by written notice, require the authority holder to return the authority to the chief inspector within a stated reasonable time of at least 14 days after the notice is given to the holder, to enable the chief inspector to amend the authority. (2) After amending the authority, the chief inspector must return the authority to the holder. (3) An authority holder must comply with a notice under subsection (1), unless the holder has a reasonable excuse. Current as at [Not applicable] Page 35

Explosives Act 1999 Part 3 Authorities and security clearances [s 30A] Maximum penalty—20 penalty units. (4) The amendment of the authority under this division does not depend on the authority being amended under this section. Not authorised —indicative only 30A Reporting loss, destruction or theft of authorities and security clearances (1) This section applies if an authority or security clearance is lost, destroyed or stolen. (2) The holder of the authority or security clearance must immediately notify the chief inspector or an authorised officer, as required by subsection (3), about the loss, destruction or theft. Maximum penalty—50 penalty units. (3) The notification may be given— (a) by notice in the approved form; or (b) orally. (4) If the notification is given orally, the holder of the authority or security clearance must also give the chief inspector or an authorised officer notice in the approved form within 7 days after the loss, destruction or theft. Maximum penalty—50 penalty units. 31 Surrender of authorities and security clearances (1) The holder of an authority or security clearance may surrender the authority or security clearance by written notice given to the chief inspector. (2) The authority or security clearance must accompany the notice. (3) The surrender of an authority or security clearance takes effect on the day the notice of surrender is given to the chief inspector or, if a later day of effect is stated in the notice, the later day. Page 36 Current as at [Not applicable]

Part 4 Explosives Act 1999 Part 4 Handling explosives [s 32] Handling explosives Not authorised —indicative only Division 1 Preliminary 32 General duty of care (1) A person who is doing an act involving explosives must take reasonable precautions and use reasonable care to avoid endangering any person’s safety, health or property. Maximum penalty— (a) if the contravention causes multiple deaths and serious harm to property or the environment—3,000 penalty units or 3 years imprisonment; or (b) if the contravention causes multiple deaths—2,000 penalty units or 3 years imprisonment; or (c) if the contravention causes death or grievous bodily harm—1,000 penalty units or 2 years imprisonment; or (d) if the contravention involves exposure to a substance likely to cause death or grievous bodily harm—750 penalty units or 1 year’s imprisonment; or (e) if the contravention causes bodily harm—750 penalty units or 1 year’s imprisonment; or (f) if the contravention causes serious harm to property or the environment—750 penalty units or 1 year’s imprisonment; or (g) otherwise—500 penalty units or 6 months imprisonment. Note— If a corporation commits an offence against this provision, each executive officer of the corporation may be taken, under section 117, to have also committed the offence. (2) Without limiting subsection (1), the duty includes taking reasonable precautions and using reasonable care to ensure Current as at [Not applicable] Page 37

Explosives Act 1999 Part 4 Handling explosives [s 33] the explosives are kept secure from access by a person who should not have access to the explosives. (3) In this section— bodily harm see the Criminal Code, section 1. grievous bodily harm see the Criminal Code, section 1. Not authorised —indicative only 33 Employers’ obligations about employees (1) An employer must not allow an employee to have access to an explosive unless— (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. Maximum penalty—50 penalty units. (2) 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. Note— See also section 23(1)(h). Division 2 Possession of explosives 34 Authority required to possess explosives (1) A person must not possess an explosive unless the person holds an authority that authorises the person to possess the explosive. Page 38 Current as at [Not applicable]

Explosives Act 1999 Part 4 Handling explosives [s 35] Maximum penalty—400 penalty units or 6 months imprisonment. (2) Subsection (1) does not apply to the possession of an explosive prescribed under a regulation for this section. Not authorised —indicative only Division 3 Moving explosives into and out of the State 35 Application of div 3 This division applies to— (a) an explosive that may lawfully be exported from Australia (an export explosive ); and (b) an explosive that may lawfully be imported into Australia (an import explosive ). 36 Bringing or sending certain explosives into and out of the State A person must not send an export explosive from the State to another country or bring an import explosive into the State from another country unless the person holds an authority to send the export explosive to the other country or bring the import explosive into the State. Maximum penalty—400 penalty units or 6 months imprisonment. 37 Notice to chief inspector (1) An authority holder who intends to bring an import explosive into the State must give to the chief inspector written notice in the approved form of— (a) the intention; and (b) the arrival in the State of the import explosive. Maximum penalty—20 penalty units. Current as at [Not applicable] Page 39

Not authorised —indicative only Explosives Act 1999 Part 4 Handling explosives [s 38] (2) An authority holder who intends to send an export explosive to another country must give to the chief inspector written notice of the intention in the approved form. Maximum penalty—20 penalty units. Division 4 Manufacturing explosives 38 Explosive to be manufactured under authority (1) A person must not manufacture an explosive unless the person holds an authority that authorises the person to manufacture the explosive. Maximum penalty—400 penalty units or 6 months imprisonment. (2) Subsection (1) does not prevent a person— (a) manufacturing an explosive if— (i) the explosive is not more than the amount prescribed by regulation or, if an amount is not prescribed, 50g; and (ii) the person is manufacturing and using the explosive in a laboratory that is part of an educational or research facility under the direct supervision of a competent adult; and (iii) the explosive is for use in a chemical experiment by the person; or (b) reconditioning an explosive at a government magazine or under an inspector’s supervision; or (c) if the person is licensed or otherwise authorised to use a weapon under the Weapons Act 1990 —filling ammunition for the weapon for use by the person. (3) Also, subsection (1) does not prevent the holder of an authority to use an explosive manufacturing an explosive prescribed under a regulation for this section (a prescribed Page 40 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 4 Handling explosives [s 39] explosive ), by a manual operation performed under conditions prescribed under a regulation, for the holder’s immediate use. (4) In addition, subsection (1) does not prevent an inspector manufacturing a prescribed explosive, by a manual operation performed under conditions prescribed under a regulation, for the inspector’s immediate use. (5) In this section— competent adult means an adult with sufficient knowledge and experience to identify hazards and risks associated with manufacturing and using explosives. 39 Offences relating to entry of factories (1) A person must not unlawfully enter an explosives factory. Maximum penalty—100 penalty units. (2) A person in physical possession of a firearm must not enter an explosives factory. Maximum penalty—200 penalty units. (3) Subsection (2) does not apply to a police officer or a security provider under the Security Providers Act 1993 who enters an explosives factory for performing official duties. (4) An inspector, a security provider or the holder of an authority in relation to an explosives factory may take reasonable steps to remove a person who has entered an explosives factory in contravention of subsection (1) or (2) from the factory or the land it is on. 40 Safety and security at factories (1) Each person in control of, or working at, an explosives factory must take reasonable precautions and use reasonable care to prevent an explosives incident at the factory. Maximum penalty—200 penalty units. (2) The holder of an authority in relation to an explosives factory must ensure a notice warning persons at the factory of their Current as at [Not applicable] Page 41

Not authorised —indicative only Explosives Act 1999 Part 4 Handling explosives [s 41] liability to penalty for an offence against subsection (1) is always conspicuously displayed so anyone entering the factory can easily see and read it. Maximum penalty—20 penalty units. Division 5 Selling explosives 41 Authority needed to sell explosives A person must not sell an explosive unless the person holds an authority that authorises the person to sell the explosive. Maximum penalty—200 penalty units or 3 months imprisonment. 42 Unauthorised sales of explosives A person must not sell an explosive to someone other than a person— (a) authorised to sell the explosive; or (b) authorised to store the explosive; or (c) authorised to use the explosive; or (d) otherwise authorised under a regulation. Maximum penalty—200 penalty units or 3 months imprisonment. 43 Selling explosives in public places prohibited A person in possession of an explosive in a public place must not sell the explosive in the public place. Maximum penalty—100 penalty units. Page 42 Current as at [Not applicable]

Division 6 Explosives Act 1999 Part 4 Handling explosives [s 44] Storing explosives Not authorised —indicative only 44 Authority needed to store explosives A person must not store an explosive unless the person holds an authority to store the explosive. Maximum penalty—200 penalty units or 3 months imprisonment. 45 Where explosives may be stored (1) A person must not store an explosive at a place other than— (a) where it is lawfully manufactured; or (b) a magazine where the person may lawfully store it under this Act; or (c) a place approved by the chief inspector, by signed instrument, as suitable for storing the explosive under stated conditions. Maximum penalty—400 penalty units or 6 months imprisonment. (2) Subsection (1) does not apply to an explosive stored for a purpose prescribed under a regulation or by an inspector for testing. 46 Government magazines (1) The Minister may, by gazette notice, declare a place to be a government magazine. (2) The chief inspector is the person in charge of a government magazine. 47 Offences relating to entry of magazines (1) A person must not unlawfully enter a magazine. Maximum penalty—100 penalty units. Current as at [Not applicable] Page 43

Not authorised —indicative only Explosives Act 1999 Part 4 Handling explosives [s 48] (2) A person in physical possession of a firearm must not enter a magazine. Maximum penalty—200 penalty units. (3) Subsection (2) does not apply to a police officer or a security provider under the Security Providers Act 1993 who enters a magazine for performing official duties. (4) An inspector, a security provider or the holder of an authority in relation to a magazine may take reasonable steps to remove a person who has entered a magazine in contravention of subsection (1) or (2) from the magazine or the land it is on. 48 Safety and security at magazines (1) Each person in control of, or working at, a magazine must take reasonable precautions and use reasonable care to prevent an explosives incident at the magazine. Maximum penalty—200 penalty units. (2) The holder of an authority for a magazine must ensure a notice warning persons at the magazine of their liability to penalty for an offence against subsection (1) is always conspicuously displayed so anyone entering the magazine can easily see and read it. Maximum penalty—20 penalty units. 49 Person storing explosives must take precautions A person storing an explosive must take reasonable precautions— (a) to prevent an explosives incident; and (b) to minimise the likely effects of an explosives incident. Maximum penalty—200 penalty units. Page 44 Current as at [Not applicable]

Division 7 Explosives Act 1999 Part 4 Handling explosives [s 50] Transporting explosives Not authorised —indicative only 50 Transporting explosives (1) A person must not transport an explosive in a vehicle unless the person holds an authority under this Act or a corresponding law to transport the explosive in the vehicle. Maximum penalty—200 penalty units. (2) However, subsection (1) does not apply to a person transporting an explosive— (a) if— (i) the amount of the explosive is not more than the amount prescribed by regulation; and (ii) the person complies with the conditions prescribed by regulation for transporting the explosive; or (b) in the circumstances prescribed by regulation. (3) A person who is authorised to transport an explosive must ensure— (a) it is transported in the way required under this Act; and (b) it is delivered— (i) to a place where it may lawfully be stored or used; and (ii) to someone who may lawfully possess it. Maximum penalty—200 penalty units. (4) A person who may transport explosives under an authority does not commit an offence against this section if the person can not comply with the section because of— (a) the wilful act, neglect, or default of the consignor or consignee of the explosive or someone else (other than an agent or employee of the carrier); or (b) the improper refusal of the consignee or someone else to accept delivery of the explosive. Current as at [Not applicable] Page 45

Not authorised —indicative only Explosives Act 1999 Part 4 Handling explosives [s 51] (5) The person mentioned in subsection 4(a) or (b) who prevented compliance with this section is instead taken to have committed the offence. (6) In this section— corresponding law means a law of another State dealing with the transport of explosives. 51 Explosives too dangerous to transport A person must not transport an explosive declared under a regulation to be too dangerous to transport. Maximum penalty—400 penalty units or 6 months imprisonment. 51A Regulation may be made about particular matters (1) A regulation may— (a) make provision about the recognition of laws of other jurisdictions about transporting explosives, things done under those laws and giving effect to those things; or (b) provide that the chief inspector may make a decision (a determination ) under the regulation about the safe and secure transport of an explosive. (2) Without limiting subsection (1)(b), the regulation may prescribe— (a) the process for making a determination, including the process for making and deciding an application for an administrative determination; or (b) the effect a determination has on a provision of the regulation about the transport of explosives; or (c) the process for amending, suspending or cancelling an administrative determination; or (d) the information about a determination that must be kept publicly available. Page 46 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 4 Handling explosives [s 52] (3) In this section— administrative determination means a determination made on the application of a person that applies to— (a) the person; or (b) the person and other persons named in the application. 52 When div 7 does not apply If another Act or law imposes safety obligations for transporting explosives by air, rail or sea, this division does not apply to explosives transported under the other Act or law. Division 8 Using explosives 53 Authority needed to use explosives (1) A person must not use an explosive unless the person holds an authority to use the explosive. Maximum penalty—200 penalty units. (2) Subsection (1) does not apply to an explosive prescribed under a regulation for this section. 54 Using explosives under conditions endangering life etc. (1) A person must not prepare an explosive for use, or use an explosive, other than in the way prescribed under a regulation. Maximum penalty—200 penalty units. (2) A person must not use an explosive if exploding it may reasonably be expected to endanger any person’s safety, health or property. Maximum penalty—200 penalty units. Current as at [Not applicable] Page 47

Not authorised —indicative only Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 55] Part 5 Investigations and inquiries into explosives incidents Division 1 Investigations into explosives incidents 55 Meaning of relevant person A relevant person , for explosives involved in an explosives incident, means— (a) if a person other than the holder of the authority for the explosives was in custody or control of the explosives at the time of the incident—that person; or (b) otherwise—the holder of the authority for the explosives. 56 Notification of explosives incidents (1) The relevant person for explosives involved in an explosives incident must immediately after the incident notify the chief inspector of the incident— (a) by giving the chief inspector notice in the approved form; or (b) orally. Maximum penalty—170 penalty units. (2) If the notification is given orally, the relevant person must also give the chief inspector notice in the approved form within 48 hours after the incident. Maximum penalty—50 penalty units. Page 48 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 56A] 56A Isolation of site of explosives incidents (1) This section applies if an inspector reasonably believes it is necessary to preserve evidence after an explosives incident happens. (2) The inspector may isolate the site of the explosives incident to prevent interference with the site. (3) Also, the inspector may, by written notice given to the relevant person for the explosives or orally, require the relevant person to do the following— (a) mark the boundaries of the site by signs or other means in a way that— (i) identifies the site as the site of an explosives incident; and (ii) prohibits entry to the site; (b) remain at the site for a reasonable stated time. (4) If the requirement is given orally under subsection (3), the chief inspector must also, as soon as practicable, give the relevant person a written notice confirming the requirement. (5) The relevant person must comply with the requirement. Maximum penalty for subsection (5)—200 penalty units. 57 Site not to be interfered with without inspector’s permission (1) A person must not interfere with the site of an explosives incident without the permission of an inspector. Maximum penalty—200 penalty units. (2) Permission under subsection (1) must not be unreasonably withheld. (3) For this division, action taken to save life or prevent further injury at a place is not interference with the site. Current as at [Not applicable] Page 49

Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 58] Not authorised —indicative only 58 Investigation by chief inspector or authority holder (1) The chief inspector may— (a) investigate an explosives incident; or (b) give the authority holder whose explosives were involved in the explosives incident a written notice requiring the holder— (i) to carry out an investigation to decide the causes of the incident; and (ii) to prepare a report about the incident that includes recommendations to prevent the incident happening again; and (iii) to give the report to the chief inspector. (2) After receiving a report under subsection (1)(b)(iii), the chief inspector may, by written notice given to the authority holder, require the authority holder to— (a) carry out further investigations; or (b) give the chief inspector further information about the explosives incident. (3) A notice given under subsection (1)(b) or (2) must include or be accompanied by an information notice for the decision to give the notice. (4) The authority holder must comply with a notice given under subsection (1)(b) or (2) within the reasonable time stated in a notice given under subsection (1)(b) or (2). Maximum penalty—100 penalty units. (5) The authority holder must ensure that the site of the incident is not interfered with until— (a) all relevant details about the incident have been recorded and, if possible, photographed; and (b) sufficient measurements have been taken to allow the development of an accurate plan of the site; and (c) a list of witnesses to the incident has been compiled. Page 50 Current as at [Not applicable]

Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 59] Maximum penalty for subsection (5)—100 penalty units. Not authorised —indicative only 59 Person must answer question about explosives incident (1) This section applies if an inspector asks a person a question about an explosives incident. (2) The person must answer the question unless the person has a reasonable excuse. Maximum penalty for subsection (2)—40 penalty units. Note— See also sections 59A and 59B in relation to self-incrimination. 59A Abrogation of privilege against self-incrimination (1) This section applies if a person is required to answer a question under section 59. (2) The person is not excused from answering the question on the ground the answer to the question may tend to incriminate the person or expose the person to a penalty. (3) However, the answer to a question given by an individual, and other evidence directly or indirectly derived from the answer, is not admissible as evidence against the individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the answer. 59B Warning to be given by inspector (1) Before requiring a person to answer a question under section 59, an inspector must— (a) warn the person that failure to answer the question without reasonable excuse would constitute an offence; and (b) warn the person about the effect of section 59A. (2) It is not an offence for an individual to refuse to answer a question put by the inspector on the ground the question might Current as at [Not applicable] Page 51

Not authorised —indicative only Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 60] tend to incriminate the individual, unless the individual was first given the warning mentioned in subsection (1)(b). (3) Nothing in this section prevents an inspector from obtaining and using evidence given to the inspector voluntarily by a person. Division 2 Inquiries into serious explosives incidents by board of inquiry 60 Minister may establish board of inquiry (1) The Minister may, by gazette notice, establish a board of inquiry for a serious explosives incident. (2) The notice, or a subsequent gazette notice, may specify matters relevant to the inquiry including, for example, the chairperson and the terms of reference. (3) The Minister may exercise powers under this section for a serious explosives incident whether or not a board of inquiry, the chief inspector or the holder of an authority has previously inquired into or investigated the incident. 61 Membership of board of inquiry (1) A board of inquiry is constituted by the following members appointed by the Minister— (a) a magistrate or an appropriately qualified lawyer; (b) either— (i) the chief inspector; or (ii) an appropriately qualified person who has knowledge of or experience in explosives; (c) if, having regard to the nature of the serious explosives incident, the Minister considers it appropriate for the board of inquiry to include persons with special Page 52 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 62] knowledge relevant to the incident—not more than 3 persons with appropriate special knowledge. (2) The member of the board of inquiry appointed under subsection (1)(a) is the chairperson of the board. (3) A member of a board of inquiry who is not an inspector is taken, for the inquiry, to have the powers of an inspector. 62 Role of board of inquiry (1) The board of inquiry must— (a) inquire into the circumstances and probable causes of the serious explosives incident; and (b) give the Minister a written report of the board’s findings. (2) The report may contain the recommendations the board considers appropriate and other relevant matters. (3) The Minister must publish the report in the way the Minister considers appropriate. 62A Conditions of appointment (1) A member of the board of inquiry is entitled to be paid the remuneration and allowances decided by the Minister. (2) A member holds office on the other conditions decided by the Minister. 62B Chief executive to arrange for services of staff for board of inquiry As soon as practicable after the board of inquiry is established, the chief executive must, in consultation with the chairperson of the board, arrange for the services of public service employees employed in the department, or other persons, to be made available to the board for the conduct of the inquiry. Current as at [Not applicable] Page 53

Not authorised —indicative only Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 63] 63 Procedure (1) When conducting its inquiry, the board of inquiry must— (a) observe natural justice; and (b) act as quickly, and with as little formality and technicality, as is consistent with a fair and proper consideration of the issues. (2) In conducting the inquiry, the board— (a) is not bound by the rules of evidence; and (b) may inform itself in any way it considers appropriate, including by holding hearings; and (c) may decide the procedures to be followed for the inquiry. (3) However, the board must comply with this division and any procedural rules prescribed under a regulation. 64 Inquiry to be held in public other than in special circumstances (1) An inquiry must be held in public. (2) However, the board may, of its own initiative or on the application of a person represented at the inquiry, direct that the inquiry, or a part of the inquiry, be held in private, and give directions about the persons who may be present. (3) The board may give the direction only if it is satisfied that it is proper to do so in the special circumstances of the inquiry. 65 Protection of members, legal representatives and witnesses (1) A member of the board of inquiry has, in the performance of the member’s duties, the same protection and immunity as a judge of the Supreme Court. (2) A lawyer or other person appearing before the board for someone else has the same protection and immunity as a Page 54 Current as at [Not applicable]

Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 66] barrister appearing for a party in a proceeding in the Supreme Court. (3) A person summoned to attend or appearing before the board as a witness has the same protection as a witness in a proceeding in the Supreme Court. Not authorised —indicative only 66 Record of proceedings to be kept The board of inquiry must keep a record of its proceedings. 67 Procedural fairness and representation In the conduct of the inquiry, the board must give the authority holder whose explosives were involved in the serious explosives incident the subject of the inquiry, and any one else likely to be adversely affected by the inquiry’s findings, the opportunity of making a defence to all claims made against the person, either in person or by counsel, solicitor or agent. 68 Board’s powers on inquiry (1) In conducting the inquiry, the board may— (a) act in the absence of any person who has been given notice of the inquiry or some other reasonable notice; and (b) receive evidence on oath or by statutory declaration; and (c) adjourn the inquiry; and (d) disregard any defect, error, omission or insufficiency in a document. (2) A member of the board may administer an oath to a person appearing as a witness before the inquiry. 69 Notice to witness (1) The chairperson of the board of inquiry may, by written notice given to a person, require the person to attend the inquiry at a Current as at [Not applicable] Page 55

Not authorised —indicative only Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 70] stated time and place to give evidence or produce stated documents or things. (2) A person required to appear as a witness before the board is entitled to the witness fees prescribed under a regulation or, if no witness fees are prescribed, the reasonable witness fees decided by the chairperson. 70 Inspection of documents or things (1) If a document or thing is produced to the board at the inquiry, the board may— (a) inspect the document or thing; and (b) make copies of, photograph, or take extracts from, the document or thing if it is relevant to the inquiry. (2) The board may also take possession of the document or thing, and keep it while it is necessary for the inquiry. (3) While it keeps a document or thing, the board must permit a person otherwise entitled to possession of the document or thing to inspect, make copies of, photograph, or take extracts from, the document or thing, at a reasonable place and time that the board decides. 71 Inquiry may continue despite court proceeding unless otherwise ordered The inquiry of the board of inquiry may start or continue, and a report may be prepared or given, despite a proceeding before any court or tribunal, unless a court or tribunal with the necessary jurisdiction orders otherwise. 72 Offences by witnesses (1) A person given a notice under section 69 must not— (a) fail, without reasonable excuse, to attend as required by the notice; or Page 56 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 73] (b) fail, without reasonable excuse, to continue to attend as required by the chairperson of the board of inquiry until excused from further attendance. Maximum penalty—40 penalty units. (2) A person appearing as a witness at the inquiry must not— (a) fail to take an oath when required by the chairperson of the board; or (b) fail, without reasonable excuse, to answer a question the person is required to answer by a member of the board; or (c) fail, without reasonable excuse, to produce a document or thing the person is required to produce by a notice under section 69. Maximum penalty—40 penalty units. Note— See also sections 74A and 74B in relation to self-incrimination. 73 False or misleading statements to inquiry A person must not state anything to the board of inquiry that the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units. 74 False or misleading documents to inquiry (1) A person must not give to the board of inquiry a document containing information the person knows is false or misleading in a material particular. Maximum penalty—200 penalty units. (2) Subsection (1) does not apply to a person who, when giving the document— (a) informs the board, to the best of the person’s ability, how it is false or misleading; and Current as at [Not applicable] Page 57

Not authorised —indicative only Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 74A] (b) if the person has, or can reasonably get, the correct information—gives the correct information to the board. 74A Abrogation of privilege against self-incrimination (1) A person is not excused from answering a question or producing a document or thing under this division on the ground the answer to the question or the document or thing may tend to incriminate the person or expose the person to a penalty. (2) However, the answer to a question or a document or thing given by an individual, and other evidence directly or indirectly derived from the answer, document or thing, is not admissible as evidence against the individual in civil or criminal proceedings other than proceedings arising out of the false or misleading nature of the answer, document or thing. 74B Warning to be given by board of inquiry (1) Before requiring a person to answer a question or produce a document or thing under this division, the board of inquiry must— (a) warn the person that failure to comply with the requirement without reasonable excuse constitutes an offence; and (b) warn the person about the effect of section 74A. (2) It is not an offence for an individual to refuse to answer a question put by the board or produce a document or thing to the board under this division on the ground the question, document or thing might tend to incriminate the individual, unless the individual was first given the warning mentioned in subsection (1)(b). (3) Nothing in this section prevents the board from obtaining and using evidence given to the board voluntarily by a person. Page 58 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 5 Investigations and inquiries into explosives incidents [s 75] 75 Contempt of board A person must not— (a) insult the board of inquiry; or (b) deliberately interrupt the inquiry; or (c) impede or obstruct the board in the exercise of its powers; or (d) create or continue, or join in creating or continuing, a disturbance in or near a place where the board is conducting its inquiry; or (e) do anything that would be contempt of court if the board were a judge acting judicially. Maximum penalty—200 penalty units. 76 Report of offences If the board of inquiry considers material before it discloses an offence, it may report the offence to 1 or more of the following and may make available to them all relevant material in the board’s possession— (a) the commissioner; (b) the Crime and Corruption Commission; (c) the director of public prosecutions; (d) the chief executive; (e) the chief inspector; (f) the commissioner for mine safety and health. 77 Change of membership of board The inquiry of the board of inquiry is not affected by a change in its membership. Current as at [Not applicable] Page 59

Explosives Act 1999 Part 6 Administration and enforcement [s 78] Part 6 Administration and enforcement Not authorised —indicative only Division 1 Inspectors 78 Chief executive may appoint inspectors (1) The chief executive may appoint a person as an inspector under this Act if— (a) the chief executive considers the person has the necessary expertise or experience to be an inspector; or (b) the person has satisfactorily finished training approved by the chief executive. (2) Without limiting powers the chief executive has apart from this Act, the chief executive may designate 1 of the inspectors as the chief inspector for this Act. 79 Inspector’s identity card (1) The chief executive must give each inspector an identity card. (2) The identity card must— (a) contain a recent photo of the person; and (b) be signed by the person; and (c) identify the person as an inspector under this Act; and (d) state an expiry date. (3) A person who stops being an inspector must return the person’s identity card to the chief executive as soon as possible (but within 21 days) after the person stops being an inspector, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (4) This section does not prevent the giving of a single identity card to a person for this and other Acts or for other purposes. Page 60 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 80] 80 Production or display of inspector’s identity card (1) An inspector may exercise a power in relation to someone only if— (a) the inspector first produces the inspector’s identity card for the other person’s inspection; or (b) the inspector has the inspector’s identity card displayed so it is clearly visible to the other person. (2) However, if for any reason it is not practicable to comply with subsection (1) before exercising the power, the inspector must produce the identity card for inspection by the person at the first reasonable opportunity. 80A Functions of inspectors (1) An inspector has the following functions— (a) to investigate and enforce compliance with this Act; (b) to inspect and monitor the handling of, and access to, explosives by holders of authorities and other persons; (c) to audit systems for safety and security required by regulation; (d) to give advice and help to others, including applicants for authorities, holders of authorities, government entities, the public and other persons, in dangerous situations involving explosives; (e) to recover and dispose of explosives for the health and safety of the public; (f) to give advice and make recommendations to the chief inspector about— (i) applications for authorities and security clearances; and (ii) the investigation and enforcement of compliance with this Act; and (iii) other matters about explosives as required by the chief inspector; Current as at [Not applicable] Page 61

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 81] (g) to collect information about explosives incidents for reporting to the chief inspector or the department and recording statistics; (h) to liaise with persons from the explosives industry for promoting and improving the safe and secure handling of explosives. (2) In this section— government entity see the Public Service Act 2008, section 24. 81 Powers of inspector (1) An inspector is subject to the directions of— (a) the Minister; and (b) for an inspector other than the chief inspector—the chief inspector. (2) The powers of an inspector may be limited— (a) under a regulation; or (b) under a condition of appointment; or (c) by written notice given by the Minister to the inspector; or (d) for an inspector other than the chief inspector—by written notice given by the chief inspector to the inspector. 82 Inspector’s appointment conditions (1) An inspector holds office on the conditions stated in the instrument of appointment. (2) An inspector— (a) if the appointment provides for a term of appointment— stops holding office at the end of the term; and Page 62 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 83] (b) if the conditions of appointment provide—stops holding office when the inspector stops holding another office stated in the appointment conditions (the main office ); and (c) may resign by signed notice of resignation given to the chief executive. (3) However, an inspector may not resign from the office under this Act (the secondary office ) if a term of employment to the main office requires the person to hold the secondary office. Division 2 Powers of inspectors Subdivision 1 Entry of places 83 Power to enter places (1) An inspector may enter a place if— (a) its occupier consents to the entry; or (b) it is a public place and the entry is made when it is open to the public; or (c) the entry is authorised by a warrant; or (d) it is mentioned in an authority as a place of business and is— (i) open for carrying on the business; or (ii) otherwise open for entry; or (iii) required to be open for inspection under the authority; or (e) the inspector reasonably believes a dangerous situation exists at the place and it is necessary for the inspector to enter it to take action to prevent, remove or minimise the danger; or Current as at [Not applicable] Page 63

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 84] (f) the entry is necessary to investigate the circumstances of an explosives incident at the place. (2) For the purpose of asking the occupier of a place for consent to enter, an inspector may, without the occupier’s consent or a warrant— (a) enter land around premises at the place to an extent that is reasonable to contact the occupier; or (b) enter part of the place the inspector reasonably considers members of the public ordinarily are allowed to enter when they wish to contact the occupier. (3) For subsection (1)(d), a place of business does not include a part of the place where a person resides. Subdivision 2 Procedure for entry 84 Entry with consent (1) This section applies if an inspector intends to ask an occupier of a place to consent to the inspector or another inspector entering the place. (2) Before asking for the consent, the inspector must tell the occupier— (a) the purpose of the entry; and (b) that the occupier is not required to consent. (3) If the consent is given, the inspector may ask the occupier to sign an acknowledgement of the consent. (4) The acknowledgement must state— (a) the occupier has been told— (i) the purpose of the entry; and (ii) that the occupier is not required to consent; and (b) the purpose of the entry; and Page 64 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 85] (c) the occupier gives the inspector consent to enter the place and exercise powers under this part; and (d) the time and date the consent was given. (5) If the occupier signs an acknowledgement, the inspector must immediately give a copy to the occupier. (6) A court must find the occupier did not consent to an inspector entering the place under this part if— (a) an issue arises in a proceeding before the court whether the occupier of the place consented to the entry; and (b) an acknowledgement is not produced in evidence for the entry; and (c) it is not proved by the person relying on the lawfulness of the entry that the occupier consented to the entry. 85 Application for warrant (1) An inspector may apply to a magistrate for a warrant for a place. (2) The application must be sworn and state the grounds on which the warrant is sought. (3) The magistrate may refuse to consider the application until the inspector gives the magistrate all the information the magistrate requires about the application in the way the magistrate requires. Example— The magistrate may require additional information supporting the application to be given by statutory declaration. 86 Issue of warrant (1) The magistrate may issue a warrant only if the magistrate is satisfied there are reasonable grounds for suspecting— (a) there is a particular thing or activity (the evidence ) that may provide evidence of an offence against this Act; and Current as at [Not applicable] Page 65

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 87] (b) the evidence is at the place, or may be at the place, within the next 7 days. (2) The warrant must state— (a) that a stated inspector may, with necessary and reasonable help and force— (i) enter the place and any other place necessary for entry; and (ii) exercise the inspector’s powers under this part; and (b) the offence for which the warrant is sought; and (c) the evidence that may be seized under the warrant; and (d) the hours of the day or night when the place may be entered; and (e) the date, within 14 days after the warrant’s issue, the warrant ends. 87 Special warrants (1) An inspector may apply for a warrant (a special warrant ) by phone, fax, radio or another form of communication if the inspector considers it necessary because of— (a) urgent circumstances; or (b) other special circumstances, including, for example, the inspector’s remote location. (2) Before applying for the warrant, the inspector must prepare an application stating the grounds on which the warrant is sought. (3) The inspector may apply for the warrant before the application is sworn. (4) After issuing the warrant, the magistrate must immediately fax a copy to the inspector if it is reasonably practicable to fax the copy. (5) If it is not reasonably practicable to fax a copy to the inspector— Page 66 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 87] (a) the magistrate must tell the inspector— (i) what the terms of the warrant are; and (ii) the date and time the warrant was issued; and (b) the inspector must complete a form of warrant (a warrant form ) and write on it— (i) the magistrate’s name; and (ii) the date and time the magistrate issued the warrant; and (iii) the terms of the warrant. (6) The facsimile warrant, or the warrant form properly completed by the inspector, authorises the entry and the exercise of the other powers stated in the warrant issued by the magistrate. (7) The inspector must, at the first reasonable opportunity, send to the magistrate— (a) the sworn application; and (b) if the inspector completed a warrant form—the completed warrant form. (8) On receiving the documents, the magistrate must attach them to the warrant. (9) A court must find the exercise of the power by an inspector was not authorised by a special warrant if— (a) an issue arises in a proceeding before the court whether the exercise of the power was authorised by a special warrant; and (b) the warrant is not produced in evidence; and (c) it is not proved by the person relying on the lawfulness of the entry that the inspector obtained the warrant. Current as at [Not applicable] Page 67

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 88] 88 Warrants—procedure before entry (1) This section applies if an inspector named in a warrant issued under this part for a place is intending to enter the place under the warrant. (2) Before entering the place, the inspector must do or make a reasonable attempt to do the following things— (a) identify himself or herself to a person present at the place who is an occupier of the place by producing a copy of the inspector’s notice of appointment or other document evidencing the appointment; (b) give the person a copy of the warrant or, if the entry is authorised by a facsimile warrant or warrant form mentioned in section 87(6), a copy of the facsimile warrant or warrant form; (c) tell the person the inspector is permitted by the warrant to enter the place; (d) give the person an opportunity to allow the inspector immediate entry to the place without using force. (3) However, the inspector need not comply with subsection (2) if the inspector believes on reasonable grounds that immediate entry to the place is required to ensure the effective execution of the warrant is not frustrated. Subdivision 3 Powers after entry 89 General powers after entering places (1) This section applies to an inspector who enters a place under this part. (2) For monitoring or enforcing compliance with this Act, the inspector may— (a) search any part of the place; or (b) examine, inspect, test, measure, photograph or film anything on the place; or Page 68 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 90] (c) take samples of anything on the place; or (d) remove an explosive or an ingredient of an explosive for examination or testing; or (e) copy a document on the place; or (f) take into or onto the place any persons, equipment and materials the inspector reasonably requires for exercising a power under this part; or (g) require a person in the place to give the inspector reasonable help to exercise the powers mentioned in paragraphs (a) to (f). (3) A person required to give reasonable help under subsection (2)(g) must comply with the requirement, unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (4) If the help is required to be given to an inspector by— (a) answering a question; or (b) producing a document (other than an authority or a document required to be kept under this Act); it is a reasonable excuse for an individual to not answer the question, or produce the document, if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty. 90 Power to seize evidence (1) An inspector who enters a place under this part other than under a warrant may seize a thing in the place if— (a) the inspector reasonably believes the thing is evidence of an offence against this Act; and (b) for an entry made with the occupier’s consent—seizure of the thing is consistent with the purpose of entry as told to the occupier. Current as at [Not applicable] Page 69

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 90A] (2) An inspector who enters a place under this part under a warrant may seize the evidence for which the warrant was issued. (3) An inspector may also seize anything else in a place mentioned in subsection (1) or (2) if the inspector reasonably believes— (a) the thing is evidence of an offence against this Act; and (b) the seizure is necessary to prevent the thing being hidden, lost or destroyed or used to continue or repeat the offence. 90A Power to secure seized thing (1) Having seized a thing under this subdivision, an inspector may— (a) leave it at the place it was seized (the place of seizure ) and take reasonable action to restrict access to it; or (b) move it from the place of seizure. (2) For subsection (1)(a), the inspector may, for example— (a) seal the thing, or entrance to the place of seizure, and mark the thing or place to show access to the thing or place is restricted; or (b) for equipment—make it inoperable. Example— make it inoperable by dismantling it or removing a component without which the equipment can not be used 90B Powers to support seizure (1) To enable a thing to be seized, an inspector may require a person the inspector reasonably believes is in control of the thing or a place of seizure for the thing— (a) to both— Page 70 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 90C] (i) take it to a stated reasonable place by a stated reasonable time; and (ii) if necessary, remain in control of it at the stated place for a reasonable time; or (b) to do an act mentioned in section 90A(2)(a) or (b) or anything else an inspector could do under section 90A(1)(a). (2) The requirement— (a) must be made by written notice; or (b) if for any reason it is not practicable to give written notice, may be made orally and confirmed by written notice as soon as practicable. (3) A person must comply with a requirement made of the person under subsection (1) unless the person has a reasonable excuse. Maximum penalty for subsection (3)—100 penalty units. 90C Offence to interfere (1) If access to a seized thing is restricted under section 90A, a person must not tamper with the thing or with anything used to restrict access to the thing without— (a) an inspector’s approval; or (b) a reasonable excuse. Maximum penalty—100 penalty units. (2) If access to a place is restricted under section 90A, a person must not enter the place in contravention of the restriction or tamper with anything used to restrict access to the place without— (a) an inspector’s approval; or (b) a reasonable excuse. Maximum penalty—100 penalty units. Current as at [Not applicable] Page 71

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 91] 91 Receipt for seized things (1) As soon as possible after an inspector seizes a thing ( seized thing ), the inspector must give a receipt for the seized thing to the person from whom it was seized. (2) However, if for any reason it is not practicable to comply with subsection (1), the inspector must leave the receipt at the place of seizure, in a reasonably secure way and in a conspicuous position. (3) The receipt must describe generally each thing seized and its condition. (4) This section does not apply to a thing if it is impractical or would be unreasonable to give the receipt, given the thing’s nature, condition and value. 92 Recovery of costs of seizure (1) If, under section 106, the Minister declares a seized thing to be forfeited to the State, the owner of it must pay the reasonable cost of seizing, holding and dealing with it under this Act. (2) The Minister may recover an amount payable under this section as a debt payable to the State. 93 Access to seized things (1) Until a seized thing is forfeited or returned, an inspector must allow its owner to inspect it and, if it is a document, to copy it. (2) Subsection (1) does not apply if it is impracticable or would be unreasonable to allow the inspection or copying. (3) For this section, if an inspector has, under section 90B(1)(a), required a person to move a thing from the place of seizure, the inspector may require the person to return the thing to the place of seizure. (4) The person must return the thing at the person’s expense. Page 72 Current as at [Not applicable]

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 94] 94 Forfeiture of seized things (1) The chief inspector may decide a seized thing is forfeited to the State if an inspector or an authorised officer— (a) can not find its owner, after making reasonable inquiries; or (b) can not return it to its owner, after making reasonable efforts. (2) In applying subsection (1)— (a) subsection (1)(a) does not require the inspector or authorised officer to make inquiries if it would be unreasonable in the particular circumstances to make inquiries to find the owner; and (b) subsection (1)(b) does not require the inspector or authorised officer to make efforts if it would be unreasonable in the particular circumstances to make efforts to return the thing to its owner. (3) Regard must be had to a thing’s nature, condition and value in deciding— (a) whether it is reasonable to make inquiries or efforts; and (b) if making inquiries or efforts—what inquiries or efforts, including the period over which they are made, are reasonable. 95 Return of seized things (1) This section applies to a thing that— (a) has been seized under this part, other than in the course of dealing with a dangerous situation; and (b) has some intrinsic value; and (c) is not forfeited to the State. (2) If the thing is not returned to its owner within 1 year after it was seized, the owner may apply to the chief inspector for its return. Current as at [Not applicable] Page 73

Not authorised —indicative only Explosives Act 1999 Part 6 Administration and enforcement [s 95] (3) Within 30 days after receiving the application, the chief inspector must— (a) if the chief inspector is satisfied there are reasonable grounds for retaining the thing and decides to retain it— give the owner an information notice for the decision; or (b) otherwise—return the thing to the owner. (4) If, at any time after the thing was seized, the chief inspector stops being satisfied there are reasonable grounds for retaining it, the chief inspector must return it to its owner. (5) Without limiting subsections (3) and (4), there are reasonable grounds for retaining the thing if— (a) the thing is being, or is likely to be, examined; or (b) the thing is needed, or may be needed, for the purposes of— (i) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that is likely to be started; or (ii) an investigation, board of inquiry, coroner’s inquest or proceeding for an offence against this Act that has been started but not completed; or (iii) an appeal from a decision in a proceeding for an offence against this Act; or (c) it is not lawful for the owner to possess the thing. (6) In this section— examine includes analyse, test, measure, weigh, grade, gauge and identify. owner , of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized. Page 74 Current as at [Not applicable]

Subdivision 4 Explosives Act 1999 Part 6 Administration and enforcement [s 96] Power to require information Not authorised —indicative only 96 Power to require name and address (1) This section applies if— (a) an inspector finds a person committing an offence against this Act; or (b) an inspector finds a person in circumstances that lead, or has information that leads, the inspector to reasonably suspect the person has just committed an offence against this Act. (2) The inspector may require the person to state the person’s name and address. (3) When making the requirement, the inspector must warn the person it is an offence to fail to state the person’s name or address, unless the person has a reasonable excuse. (4) The inspector may require the person to give evidence of the correctness of the stated name or address if the inspector reasonably suspects the stated name or address is false. (5) A person must comply with a requirement under subsection (2) or (4), unless the person has a reasonable excuse. Maximum penalty—20 penalty units. (6) A person does not commit an offence against subsection (5) if— (a) the person was required to state the person’s name and address by an inspector who suspected the person had committed an offence against this Act; and (b) the person is not proved to have committed the offence. 97 Power to require attendance of persons before an inspector to answer questions (1) The chief inspector may require a person to attend before an inspector and to answer questions— Current as at [Not applicable] Page 75