Explosives Act 1999

An Act aboutto regulate the handling of and access to explosives, and for other purposes

1Short title

This Act may be cited as the Explosives Act 1999.

Editor’s note—

Uncommenced amendments to the following provisions have been included in this indicative reprint—

•amendment of part 3 heading, sections 15, 16, 17, 20, part 3 division 2 heading, sections 23, 24, 25, 26, part 3 division 3 heading, sections 27, 28, 31, 32, 38, 40 heading, 48 heading, 50, 58, 59, 60, 63, 72, 75, 93, 94, 97, part 6 division 2 subdivision 6 heading, sections 102, 103, 107, 111, 121, 123A, 126, 126A, 126C, 132, 133, 135 and schedule 2

•insertion of new section 2A, part 3 division 1AA, sections 15A, 16A, 18A, part 3 division 2 subdivision 1 heading, section 23A, part 3 division 2 subdivision 2, part 3 division 2 subdivision 3 heading, sections 26A, 30A, 51A, 56A, 59A, 59B, 62A, 62B, 74A, 74B, 90A–90C, 99A, 105AA, part 6 division 2 subdivision 7, part 6 division 2A, part 8 division 1A, sections 126AA, 126D, 132A, 133A, 133B and part 10 division 6

•replacement of long title, sections 33, 55, 56, 61, 80A, 99 and 130

•omission of section 101.

See 2019 Act No. 7 pt 4, sch 1 pt 3.

2Commencement

This Act commences on a day to be fixed by proclamation.

3Definitions—the dictionary

The dictionary in schedule 2 defines particular words used in this Act.

4Act 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.

4AApplication 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.

5Act does not apply to some explosives

This Act does not apply to explosives to which the Explosives Act 1961 (Cwlth) applies.

6Act’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

(b)the Mining and Quarrying Safety and Health Act 1999.

7Exemptions

(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.

8Authorised 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.

9Register 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

(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.

10Prohibited explosives

A regulation may declare an explosive to be a prohibited explosive.

11Offence 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.

12Approvals 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).

13Authorities that may be issued under Act

A regulation may prescribe the authorities that may be issued under this Act and what each authority authorises.

14Application 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.

15Inquiries about person’s appropriateness

(1)This section applies to the following persons—

(a)an applicant for an authority;

(b)an authority holder;

(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.

(2A3)If the person is an individual, the chief inspector may, for subsection (2), make inquiresinquiries about the person’s identity, character, mental and physical health, and relevant experience and expertise.

(34)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 mental and physical health; and

(ii)whether the person has been convicted, in Queensland or elsewhere, of a relevant offence; and

(iii)whether a domestic violence order has been made, in Queensland or elsewhere, against the person at any time; or

(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

(iv)information that indicates it would be contrary to the public interest for the corporation to hold an authority.

(45)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.

(5)If asked by the chief inspector, the commissioner must give the chief inspector a written report about—

(a)the person’s criminal history; and

(b)any domestic violence order made against the person at any time.

(6)Subsection (5) applies to information about the criminal history or domestic violence order—

(a)that the commissioner has; or

(b)to which the commissioner ordinarily has access through arrangements with the police service of the Commonwealth or another State.

(76)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.

(87)For this section, the chief inspector may—

(a)inspect the facilities mentioned in subsection (4)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.

(98)An applicant for an authority is taken to have withdrawn the application if the applicant fails to allow the inspection under subsection (8)subsection (7)(a) within a stated reasonable time (not less than 28 days after notice of the requirement is given to the applicant).

(10)In this section—

insolvent under administration means an insolvent under administration under the Corporations Act.

prescribed activity means an activity that is or is associated with—

(a)the use, handling or transport of explosives; or

(b)the storage, collection or manufacture of explosives; or

(c)the sale, import or export of explosives.

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.

16Additional 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 or mental health, including—.

(a)in relation to the person’s physical health—a report from a doctor about the person’s physical health; and

(b)in relation to the person’s mental health—a report from a doctor or psychologist about the person’s mental 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.

(23)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.

(3)If the information about the person’s mental health given under subsection (1) is provided in a doctor’s or psychologist’s report, the chief inspector may—

(a)make information about the person having access to explosives available to the doctor or psychologist; and

(b)ask the doctor or psychologist to provide a further report.

(4)The chief inspector may make the information available only if the chief inspector considers, on reasonable grounds—

(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.

(5)The chief inspector must also advise the person of the information being supplied to the doctor or psychologist.

(6)The chief inspector may make the information available under subsection (3) despite the provisions of any other Act.

(74)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.

(85)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.

17How 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.

(23)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.

(34)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.

18Compliance 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.

19Term 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.

20Transfer of authority

(1)A licence, other than an occupational authority, may be transferred with the written approval of the chief inspector.

(1)A licence, other than a licence to use an explosive, is transferable, but only with the previous written approval of the chief inspector.

(2)Another type of authority can not be transferred.

21Renewal of authority

(1)A licence is renewable.

(2)An authority other than a licence can not be renewed.

22Division 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.

27Replacement of authorityauthorities and security clearances

(1)AnThe holder of an authority holderor 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 the authority or security clearance, the chief inspector must give the holder of the authority holderor security clearance an information notice for the decision.

28Amendment 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

(ab)be made at least 28 days before the holder wants the amendment to take effect; and

(bc)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.

29Amendment 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

(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.

30Notice 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.

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.

31Surrender of authorityauthorities and security clearances

(1)AnThe holder of an authority holderor 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.

32General 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 the explosives are kept secure from access by a person who should not have access to the explosives.

(23)In this section—

bodily harm see the Criminal Code, section 1.

grievous bodily harm see the Criminal Code, section 1.

34Authority 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.

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.

35Application 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).

36Bringing 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.

37Notice 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.

(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.

38Explosive 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

(a)manufacturing, not more than 500g of an explosive, or a smaller amount prescribed under a regulation, under direct adult supervision, for use by the person manufacturing it in a chemical experiment; 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 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.

39Offences 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.

40Safety 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 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.

41Authority 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.

42Unauthorised 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.

43Selling 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.

44Authority 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.

45Where 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.

46Government 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.

47Offences relating to entry of magazines

(1)A person must not unlawfully enter a magazine.

Maximum penalty—100 penalty units.

(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.

48Safety 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.

49Person 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.

50Transporting explosives

(1)A person must not transport an explosive in a vehicle or boat unless the person holds an authority under this Act or a corresponding law to transport the explosive in the vehicle or boat.

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.

(23)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.

(3)This section does not prevent a person transporting an explosive for a purpose prescribed under a regulation if—

(a)the amount of the explosive being transported is not more than the amount prescribed under a regulation for this section; and

(b)the person complies with the conditions prescribed under a regulation for transporting the explosive.

(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.

(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 subsection (1)this section—

corresponding law means a law of another State dealing with the transport of explosives.

51Explosives 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.

52When 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.

53Authority 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.

54Using 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.

57Site 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.

58Investigation 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.

(23)TheA notice given under subsection (1)(b) or (2) must include or be accompanied by an information notice for the decision to give the notice.

(34)The authority holder must comply with thea notice given under subsection (1)(b) or (2) within the reasonable time stated in the notice.

Maximum penalty—100 penalty units.

(45)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.

Maximum penalty for subsection (4)—100 penalty units.5)—100 penalty units.

59Person 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.

(3)It is a reasonable excuse for an individual to not answer the question that answering the question might tend to incriminate the individual or make the individual liable to a penalty.

60Minister 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 had, the chief inspector or the holder of an authority has previously inquired into or investigated the incident.

62Role 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.

63Procedure

(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.

(4)The magistrate is chairperson at the inquiry.

64Inquiry 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.

65Protection 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 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.

66Record of proceedings to be kept

The board of inquiry must keep a record of its proceedings.

67Procedural 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.

68Board’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.

69Notice 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 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.

70Inspection 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.

71Inquiry 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.

72Offences 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

(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.

(3)It is a reasonable excuse for an individual for subsection (2)(b) or (c) that answering the question or producing the document or thing might tend to incriminate the individual or make the individual liable to a penalty.

73False 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.

74False 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

(b)if the person has, or can reasonably get, the correct information—gives the correct information to the board.

75Contempt 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

(cd)create or continue, or join in creating or continuing, a disturbance in or near a place where the board is conducting its inquiry; or

(de)do anything that would be contempt of court if the board were a judge acting judicially.

Maximum penalty—40 penalty units.

Maximum penalty—200 penalty units.

76Report 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 WHS prosecutor;

(e)the CEO;

(d)the chief executive;

(e)the chief inspector;

(f)the commissioner for mine safety and healthchief inspector.

77Change of membership of board

The inquiry of the board of inquiry is not affected by a change in its membership.

78Chief executiveCEO may appoint inspectors

(1)The chief executiveCEO may appoint a person as an inspector under this Act if—

(a)the chief executiveCEO 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 executiveCEO.

(2)Without limiting powers the chief executiveCEO has apart from this Act, the chief executiveCEO may designate 1 of the inspectors as the chief inspector for this Act.

79Inspector’s identity card

(1)The chief executiveCEO 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 executiveCEO 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.

80Production 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.

81Powers 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.

82Inspector’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

(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 executiveCEO.

(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.

83Power 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

(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.

84Entry 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

(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.

85Application 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.

86Issue 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

(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.

87Special 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—

(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.

88Warrants—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.

89General 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

(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.

90Power 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.

(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.

91Receipt 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.

92Recovery 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.

93Access 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.

94Forfeiture of seized things

(1)AThe chief inspector may decide a seized thing is forfeited to the State if thean inspector who seized the thingor 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.

95Return 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.

(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.

96Power 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.

97Power 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—

(a)relevant to the discharge of the person’s obligations under this Act; or

(b)on health, safety and healthor security matters relevant to explosives; or

(c)to ascertain whether this Act is being complied with; or

(d)relevant to any action carried out by the inspector under this Act.

(2)A requirement made of a person under this section to attend before an inspector must—

(a)be made by written notice given to the person; and

(b)state a reasonable time and place for the person’s attendance.

(3)When making a requirement under this section, the chief inspector must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

98Failure to comply with requirement about attendance

(1)A person of whom a requirement is made under section 97 must not, unless the person has a reasonable excuse—

(a)fail to attend before an inspector at the time and place stated in the relevant notice; or

(b)when attending before an inspector, fail to comply with a requirement to answer a question.

Maximum penalty—40 penalty units.

(2)It is a reasonable excuse for an individual not to comply with a requirement to answer a question if complying with the requirement might tend to incriminate the individual or make the individual liable to a penalty.

100Power to require production of documents

(1)An inspector may require a person to produce to the inspector, for inspection, a document this Act requires the person to hold or keep.

(2)The person must produce the document, unless the person has a reasonable excuse for not producing it.

Maximum penalty—20 penalty units.

(3)It is not a reasonable excuse to fail to produce the document that producing the document might tend to incriminate the person or make the person liable to a penalty.

(4)The inspector may keep a document that is produced—

(a)to take an extract from the document; or

(b)to make a copy of it.

(5)The inspector must return the document to the person as soon as practicable after taking the extract or making the copy.

102Power to give direction about contravention

(1)This section applies if an inspector reasonably suspects a person—

(a)is contravening a provision of this Act; or

(b)has contravened a provision of this Act in circumstances that make it likely the contravention will be repeated.

(2)The inspector may give the person a written notice (a remedial action notice) requiring the person to remedy the cause of the contravention.

(3)The notice must state the following—

(a)the provision the inspector reasonably believes the person has contravened or is contravening;

(b)the reasons for the belief;

Note—

The Acts Interpretation Act 1954, section 27B provides that—

.... the instrument giving the reasons must also—

(a)set out the findings on material questions of fact; and

(b)refer to the evidence or other material on which those findings were based.

(c)that the person must remedy the contravention within a stated reasonable time.

(4)The notice may also state the steps the inspector reasonably believes are necessary to remedy the contravention, or avoid further contravention, of the provision.

(5)If the notice relates to a vehicle, boat or thing, it may be given by securely attaching it to the vehicle, boat or thing in a conspicuous position.

(6)The person must comply with the notice.

Maximum penalty—the maximum penalty for the contravention of the provision stated in the notice by an individual.

(7)A person must not remove a remedial action notice from a vehicle, boat or thing before the steps stated in the notice are taken.

Maximum penalty for subsection (7)—100 penalty units.

103Power to give direction in dangerous situation

(1)This section applies if an inspector reasonably believes—

(a)a dangerous situation exists; and

(b)a person is in a position to take steps to prevent, remove or minimise the danger.

(2)The inspector may give the person a written notice (a dangerous situation notice) requiring the person take the steps reasonably necessary to prevent, remove or minimise the danger.

(3)The notice must state the following—

(a)the situation the inspector believes is causing the danger;

(b)the reasons for the belief;

Note —

The Acts Interpretation Act 1954, section 27B provides that—

.... the instrument giving the reasons must also—

(a)set out the findings on material questions of fact; and

(b)refer to the evidence or other material on which those findings were based.

(c)that the person must remedy the situation within a stated reasonable time.

(4)The notice may also state the steps the inspector reasonably believes are necessary to prevent, remove or minimise the danger.

(5)If the notice relates to a vehicle, boat or thing, it may be given by securely attaching it to the vehicle, boat or thing in a conspicuous position.

(6)The person must comply with the notice.

Maximum penalty—200 penalty units.

(7)A person must not remove a dangerous situation notice from a vehicle, boat or thing before the steps stated in the notice are taken.

Maximum penalty for subsection (7)—100 penalty units.

104Preventing injury and damage—taking direct action

(1)This section applies if an inspector reasonably believes a dangerous situation exists and either—

(a)a person given a remedial action or dangerous situation notice has not complied with the notice; or

(b)having regard to the nature of the situation, action under a remedial action or dangerous situation notice is inappropriate to prevent, remove or minimise the danger.

(2)The inspector may take, or cause to be taken, the action the inspector reasonably believes is necessary to prevent, remove or minimise the danger.

(3)The inspector must immediately—

(a)prepare a statement of reasons for taking the action; and

(b)if asked by a person affected by the action—give the person the statement of reasons.

(4)The action an inspector may take includes asking someone the inspector reasonably believes has appropriate knowledge and experience to help the inspector prevent, remove or minimise the danger.

Example—

There is a traffic accident involving a vehicle transporting explosives at a location remote from an inspector. An inspector may, by telephone, ask the driver of the vehicle transporting explosives or a police officer with appropriate knowledge and experience to transfer the explosives to another vehicle for removal to another location.

(5)A person asked under subsection (4) to help an inspector is taken to have the powers of an inspector to the extent reasonably necessary for the person to help prevent, remove or minimise the danger.

105Obstruction of inspectors

(1)A person must not obstruct an inspector, or a person helping an inspector, in the exercise of a power under this Act, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(2)If a person obstructs an inspector in the exercise of a power under this Act and the inspector decides to exercise the power, the inspector must warn the person.

(3)In warning the person, the inspector must tell the person—

(a)it is an offence to obstruct the inspector, unless the person has a reasonable excuse; and

(b)the inspector considers the person’s conduct is an obstruction.

(4)In this section—

obstruct includes hinder, resist and attempt to obstruct.

106Power to declare seized things forfeited

(1)This section applies if a seized thing is an explosive, an ingredient of an explosive or a package containing an explosive.

(2)The Minister may declare the seized thing to be forfeited to the State even though no-one has been prosecuted for, or convicted of, an offence in relation to it if the Minister considers that the return of it to its owner—

(a)would contravene a provision of this Act; or

(b)would not be in the interests of public safety.

106AApplying for injunction

(1)The commissioner for mine safety and healthCEO or the chief inspector may apply to the District Court for an injunction under this division.

(2)An injunction under this division may be granted by the District Court against a person at any time.

106BGrounds for injunction

The District Court may grant an injunction if the court is satisfied that a person has engaged, or is proposing to engage, in conduct that constitutes or would constitute—

(a)a contravention of this Act; or

(b)attempting to contravene this Act; or

(c)aiding, abetting, counselling or procuring a person to contravene this Act; or

(d)inducing or attempting to induce, whether by threats, promises or otherwise, a person to contravene this Act; or

(e)being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention of this Act by a person; or

(f)conspiring with others to contravene this Act.

106CCourt’s powers for injunction

(1)The power of the District Court to grant an injunction restraining a person from engaging in conduct may be exercised—

(a)whether or not it appears to the court that the person intends to engage again, or to continue to engage, in conduct of that kind; and

(b)whether or not the person has previously engaged in conduct of that kind.

(2)The power of the court to grant an injunction requiring a person to do an act or thing may be exercised—

(a)whether or not it appears to the court that the person intends to fail again, or to continue to fail, to do the act or thing; and

(b)whether or not the person has previously failed to do the act or thing.

(3)An interim injunction may be granted under this part until the application is finally decided.

(4)The court may rescind or vary an injunction at any time.

106DTerms of injunction

(1)The District Court may grant an injunction in the terms the court considers appropriate.

(2)Without limiting the court’s power under subsection (1), an injunction may be granted restraining a person from carrying on particular activities—

(a)for a stated period; or

(b)except on stated terms and conditions.

(3)Also, the court may grant an injunction requiring a person to take stated action, including action to disclose or publish information, to remedy any adverse consequences of the person’s contravention of this Act.

107Application for internal review of decision under s 56A, 102 or 103

(1)A person given a notice under section 56A, 102 or 103 by an inspector (other than the chief inspector) may apply to the chief inspector for the decision to give the notice (the original decision) to be reviewed.

(2)The application must be made within 14 days after the notice is given.

108Application for internal review of action under s 104

(1)A person aggrieved by action being taken under section 104 by an inspector (other than the chief inspector) may apply to the chief inspector for the decision to take the action to be reviewed.

(2)The application must be made within 14 days after the person is given the statement of reasons for the action.

109Applying for internal review

(1)An application for an internal review under section 107 or 108—

(a)must be made in writing; and

(b)must state the grounds on which the person seeks internal review of the decision; and

(c)may be accompanied by any relevant information the person wants considered in the internal review; and

(d)must state an address for service of the decision on the internal review (the internal review decision).

(2)The chief inspector must, within 14 days after receiving the application, review the decision and—

(a)confirm the decision; or

(b)vary the decision; or

(c)set aside the decision and substitute another decision.

(3)The application does not stay the original decision.

(4)The chief inspector can not delegate the internal review to—

(a)the inspector who made the original decision; or

(b)a person in a less senior position than the inspector who made the decision under internal review.

(5)Within 7 days after making the internal review decision, the chief inspector must give the applicant an information notice.

(6)If the chief inspector does not comply with subsection (2) or (5), the chief inspector is taken to have made a decision confirming the original decision.

110Stay of operation of decision

(1)If an application is made for internal review of an original decision, the applicant may immediately apply, as provided under the QCAT Act, to QCAT for a stay of the decision.

(2)QCAT may stay the decision to secure the effectiveness of the internal review or a later application for external review to QCAT.

(3)A stay—

(a)may be given on conditions QCAT considers appropriate; and

(b)operates for the period fixed by QCAT; and

(c)may be revoked or amended by QCAT.

(4)The period of a stay must not extend past the time when the chief inspector reviews the original decision and any later period QCAT allows the applicant to enable the applicant to apply for an external review of the internal review decision.

(5)An application for internal review of a decision affects the decision, or carrying out of the decision, only if the decision is stayed.

111Application for external review

(1)An applicant for an authority may apply, as provided under the QCAT Act, for an external review of the chief inspector’s decision to refuse to grant the authority.

(2)An applicant for a security clearance may apply, as provided under the QCAT Act, for an external review of the chief inspector’s decision to refuse to give the security clearance.

(23)A person aggrieved by a review decision of the chief inspector under section 109 may apply, as provided under the QCAT Act, for an external review of the decision.

(34)An authority holder may apply, as provided under the QCAT Act, for an external review of a decision of the chief inspector to require the holder to investigate an explosives incident.

(45)An authority holder may apply, as provided under the QCAT Act, for an external review of any of the following decisions of the chief inspector—

(a)a decision to impose a condition on the holder’s authority;

(b)a decision to amend or refuse to amend a condition of the holder’s authority;

(c)a decision to suspend or cancel the holder’s authority;

(d)a decision to refuse to grant an explosives trial authority;

(ed)a decision to refuse to renew the holder’s authority;

(fe)a decision to refuse to replace the holder’s authority.

(6)The holder of a security clearance may apply, as provided under the QCAT Act, for an external review of any of the following decisions of the chief inspector—

(a)a decision to suspend or cancel the security clearance;

(b)a decision to refuse to renew the security clearance;

(c)a decision to refuse to replace the security clearance.

(57)An owner of a seized thing who is given an information notice under section 95(3)(a) for a decision to retain the thing may apply, as provided under the QCAT Act, for an external review of the decision.

117Liability of executive officer—offence committed by corporation against s 32(1)

(1)An executive officer of a corporation commits an offence if—

(a)the corporation commits an offence against section 32(1); and

(b)the officer did not take all reasonable steps to ensure the corporation did not engage in the conduct constituting the offence.

Maximum penalty—the penalty for a contravention of section 32(1) by an individual.

(2)In deciding whether things done or omitted to be done by the executive officer constitute reasonable steps for subsection (1)(b), a court must have regard to—

(a)whether the officer knew, or ought reasonably to have known, of the corporation’s conduct constituting the offence against section 32(1); and

(b)whether the officer was in a position to influence the corporation’s conduct in relation to the offence against section 32(1); and

(c)any other relevant matter.

(3)The executive officer may be proceeded against for, and convicted of, an offence against subsection (1) whether or not the corporation has been proceeded against for, or convicted of, the offence against section 32(1).

(4)This section does not affect—

(a)the liability of the corporation for the offence against section 32(1); or

(b)the liability, under the Criminal Code, chapter 2, of any person, whether or not the person is an executive officer of the corporation, for the offence against section 32(1).

118Proceeding for offence

(1)A proceeding for an offence against this Act must be taken in a summary way under the Justices Act 1886 on the complaint of—.

(a)the commissioner for mine safety and health; or

(b)a person authorised for the purpose by the Minister; or

(c)the Attorney-General.

(2)A proceeding for an offence against this Act may only be taken on the complaint of—

(a)if the offence is a serious offence—the WHS prosecutor; or

(b)otherwise—the CEO or the WHS prosecutor.

(3)However, the CEO may authorise in writing another appropriately qualified person to take a proceeding for an offence mentioned in subsection (2)(b).

(4)An authorisation under subsection (3) may be general or limited to a particular proceeding or class of proceedings.

(5)In deciding whether to bring a prosecution for an offence under this Act, the WHS prosecutor must have regard to any guidelines issued under the Director of Public Prosecutions Act 1984, section 11.

(26)A proceeding may be started within the latest of the following periods to end—

(a)1 year after the offence is committed;

(b)1 year after the offence comes to the complainant’s knowledge, but within 2 years after the offence is committed;

(c)if the offence involves a breach of an obligation causing death and the death is investigated by a coroner under the Coroners Act 2003—2 years after the coroner makes a finding in relation to the death.

(7)In this section—

serious offence means—

(a)an offence against section 32 if the contravention—

(i)caused multiple deaths; or

(ii)caused death or grievous bodily harm; or

(iii)caused bodily harm; or

(iv)involved exposure to a substance that is likely to cause death or grievous bodily harm; or

(b)an offence prescribed by regulation for this paragraph.

119Responsibility for acts or omissions of representatives

(1)This section applies in a proceeding for an offence against this Act.

(2)If it is relevant to prove a person’s state of mind about a particular act or omission, it is enough to show—

(a)the act was done or omitted to be done by a representative of the person within the scope of the representative’s actual or apparent authority; and

(b)the representative had the state of mind.

(3)An act done or omitted to be done for a person by a representative of the person within the scope of the representative’s actual or apparent authority is taken to have been done or omitted to be done also by the person, unless the person proves—

(a)if the person was in a position to influence the conduct of the representative in relation to the act or omission—the person took reasonable steps to prevent the act or omission; or

(b)the person was not in a position to influence the conduct of the representative in relation to the act or omission.

(4)In this section—

representative means—

(a)for a corporation—an executive officer, employee or agent of the corporation; or

(b)for an individual—an employee or agent of the individual.

120Proof of offence involving part or sample of explosive

If an offence against this Act is proved in relation to a sample or part of an explosive or an ingredient, the offence is taken to have been proved in relation to all the explosive or ingredient from which the sample or part was taken unless the contrary is established.

121Offences about false or misleading information or documents

For an offence against section 73, 74, 99 or 10199, it is enough to allege and prove that the relevant statement or document was ‘false or misleading’ without specifying which.

122Recovery of costs from convicted person

(1)A court convicting a person of an offence against this Act may order the person to pay to a government entity or the State costs reasonably incurred by the entity or the State because of the offence, including the following costs—

(a)the cost of testing, transporting, storing and disposing of explosives and other evidence;

(b)the department’s reasonable costs of investigating the offence;

(c)the reasonable costs of preparing for the prosecution of the offence.

(2)An amount ordered to be paid under subsection (1) is a debt owing to the entity or the State.

(3)Subsection (1) is in addition to any other order the court may make.

123Forfeiture of things on conviction

(1)A court convicting a person of an offence against this Act may order the following things (whether or not seized under this Act) to be forfeited to the State—

(a)any explosive to which the offence relates;

(b)if the offence relates to a place where a person manufactures, sells, stores, transports or uses an explosive, all or part of the explosives found on the place at the time of the commission of the offence;

(c)any ingredient used or capable of being used to manufacture explosives;

(d)any package containing an explosive or ingredient.

(2)Also, if the conviction relates to a part or sample of an explosive or ingredient, the order may be for—

(a)all the explosive or ingredient from which the part or sample was taken and the package containing it; or

(b)all of any similar explosive or ingredient belonging to the defendant or found on the defendant’s premises or in the defendant’s possession at the time of the commission of the offence; or

(c)any packages containing the explosive or ingredient.

123ATreatment of partnerships

(1)Subject to this section, this Act applies to a partnership as if the partnership were a person.

(2)For an application by, or renewal of a licence of, a partnership—

(a)sections 15 and 16to 16A apply as if each partner were an applicant or authority holder; and

(b)if a partner is not an appropriate person to hold an authority, the partnership is not an appropriate person.

(3)If, because of the operation of subsection (1), a contravention of, or an offence against a provision of, this Act is taken to have been committed by a partnership, the contravention or offence is taken to have been committed by each of the partners.

(4)However, it is a defence for a partner to prove—

(a)if the partner was in a position to influence the conduct of the partnership in relation to the contravention or offence—the partner took reasonable steps to ensure the partnership complied with the provision; or

(b)the partner was not in a position to influence the conduct of the partnership in relation to the contravention or offence.

124Disposal of forfeited things

(1)Anything forfeited to the State under this Act may be dealt with or disposed of in the way the Minister directs, including by destroying it.

(2)Compensation is not payable for anything forfeited to the State under this Act.

125Recovery of costs of government action

(1)This section applies to a dangerous situation or an explosives incident (an incident) completely or partly involving or arising from, or involving the danger of—

(a)the escape of an explosive; or

(b)an explosion or fire involving explosives.

(2)If a government entity incurs costs because of an incident, the entity may recover the costs reasonably incurred in dealing with the incident as a debt owing to the entity or the State.

(3)The costs are recoverable jointly and severally from the following persons—

(a)the person who owned the explosives when the incident happened;

(b)the person who possessed the explosives when the incident happened;

(c)the person who caused the incident;

(d)the person responsible (other than as an employee, agent or subcontractor of someone else) for the explosives.

(4)However, costs are not recoverable from a person who establishes that—

(a)the incident was due to the act or default of another person; or

(b)the person could not, exercising reasonable care, have prevented the incident; or

(c)the incident was not attributable to an employee, agent or subcontractor of the person.

(5)This section does not limit the powers a government entity has apart from this Act.

126Disclosure by doctors and psychologists of certain information

(1)This section applies if—

(a)a doctor or psychologist is of the opinion a patient is not a suitable person to hold, or to continue to hold, a security clearance—

(i)because of the patient’s mental condition; or

(ii)because the patient may be a danger to the patient or another person; or

(b)a doctor is of the opinion a patient is not an appropriate person to hold, or to continue to hold, an authority or to have access to explosives—

(i)because of the patient’s physical condition; or

(ii)because the patient may be a danger to the patient or another person.

(1)This section applies if a doctor or psychologist is of the opinion that a patient is not an appropriate person for section 15—

(a)because of the patient’s mental or physical condition; or

(b)because the patient may be a danger to the patient or another person.

(2)The doctor or psychologist may inform the chief inspector of his or her opinion and give the chief inspector any relevant information about the patient’s condition and identity.

(3)This section applies despite any duty of confidentiality owed by the doctor or psychologist to the patient.

(4)The giving of an opinion or information by a doctor or psychologist under this section does not give rise to any criminal or civil action or remedy against the doctor or psychologist.

126AProtection from reprisal

(1)A person must not cause, or attempt or conspire to cause, detriment to another person because, or in the belief that, the other person—

(a)has made a complaint, or in any other way has raised, an explosives safety issue; or

(b)has contacted or given help to an official in relation to an explosives safety issue.

Maximum penalty—40 penalty units.

(2)An attempt to cause detriment includes an attempt to induce a person to cause detriment.

(3)A contravention of subsection (1) is a reprisal or the taking of a reprisal.

(4)A ground mentioned in subsection (1) as the ground for a reprisal is the unlawful ground for the reprisal.

(5)For the contravention to happen, it is sufficient if the unlawful ground is a substantial ground for the act or omission that is the reprisal, even if there is another ground for the act or omission.

(6)This section does not limit or otherwise affect the operation of the Public Interest Disclosure Act 2010, chapter 4, part 1 in relation to reprisals.

(7)In this section—

explosives safety issue means an issue about the safety or health of a person or persons while dealing with explosives.

explosives issue means an issue about—

(a)the safety or health of a person while handling an explosive; or

(b)the security of an explosive from access by a person who should not have access to the explosive.

126BDamages entitlement for reprisal

(1)A reprisal is a tort and a person who takes a reprisal is liable in damages to anyone who suffers detriment as a result.

(2)Any appropriate remedy that may be granted by a court for a tort may be granted by a court for the taking of a reprisal.

(3)If the claim for the damages goes to trial in the Supreme Court or the District Court, it must be decided by a judge sitting without a jury.

126CPublic statements

(1)The section applies to the following persons—

(a)the Minister;

(b)the chief executiveCEO;

(c)the commissioner for mine safety and health;

(dc)the chief inspector.

(2)The person may make or issue a public statement identifying, and giving information about, the following—

(a)the commission of offences against this Act and persons who commit the offences;

(b)investigations and inquiries into explosives incidents conducted under this Act;

(c)the action taken by inspectors or authorised officers to enforce this Act;

(d)the suspension or cancellation of an authority under section 24 or 25.

(d)the suspension or cancellation of an authority or security clearance under this Act.

(3)The statement may identify particular information and persons.

(4)The person must not issue a public statement under this section unless satisfied that it is in the public interest to do so.

127Protection from liability

(1)An official is not civilly liable for an act done, or omission made, honestly and without negligence under this Act.

Example of an act done—

giving information or advice

(2)If subsection (1) prevents a civil liability attaching to an official, the liability attaches instead to the State.

128Delegation by Minister

(1)The Minister may delegate the Minister’s powers under this Act to an appropriately qualified public service officer or employee.

(2)However, the Minister may not delegate the Minister’s powers—

(a)to declare a place to be a government magazine; or

(b)to establish a board of inquiry.

131Chief inspector may ask for information

(1)The chief inspector may, by written notice, require a person dealing with explosives to give to the chief inspector within a stated reasonable time (not less than 14 days) stated reasonable information about the import, export, manufacture, transport, storage, sale, use or disposal of explosives by or for the person.

(2)The person must comply with the notice, unless the person has a reasonable excuse.

Maximum penalty—20 penalty units.

(3)It is a reasonable excuse for an individual for subsection (2) that—

(a)the information sought by the chief inspector is not available to the individual; or

(b)the individual is not under a duty under this Act to keep the information; or

(c)giving the information might tend to incriminate the individual or make the individual liable to a penalty.

132Disclosure of information

(1)A person must not disclose information obtained by the person in the administration of this Act, unless the disclosure is made—

(a)with the consent of the person from whom the information was obtained; or

(b)in the administration of this Act; or

(c)in an investigation or a proceeding under this Act or a report ofabout the investigation or proceeding; or

(d)in a proceeding before a court in which the information is relevant to the issue before the court; or

(e)in a public statement made or issued under section 126C; or

(f)in the interests of public safety.

Maximum penalty—20 penalty units.

(2)However, the chief inspector may communicate anything that comes to the chief inspector’s knowledge under this Act to an officer or authority responsible for administering a law of Queensland, the Commonwealth or another State about explosives.—

(a)a chief executive of a department or the head of a public service office under the Public Service Act 2008; or

(b)an officer of a department or agency of the Commonwealth or another State responsible for administering a law about explosives.

(3)This section does not limit the Right to Information Act 2009 or Information Privacy Act 2009, chapter 3.

133Evidentiary provision

(1)This section applies to a proceeding under this Act or the former Act.

(2)The appointment or power of an inspector or an authorised officer must be presumed unless a party, by reasonable notice, requires proof of—

(a)the appointment; or

(b)the inspector’s power or the authorised officer’s power to do anything under this Act.

(3)A signature purporting to be the signature of the commissioner for mine safety and healthCEO, the WHS prosecutor, the chief executiveinspector, the chiefan inspector or an inspectorauthorised officer is evidence of the signature it purports to be.

(4)A certificate purporting to be signed by a person mentioned in subsection (3) and stating any of the following matters is evidence of the matter—

(a)a stated document is—

(i)an authority or a copy of an authority; or

(ii)a security clearance or a copy of a security clearance; or

(iii)an order, determination, direction, requirement or decision, or a copy of an order, determination, direction, requirement or decision, given or made under this Act; or

(iiiiv)a notice, or a copy of a notice, given under this Act; or

(iv)a record, or a copy of a record, kept under this Act; or

(vi)a document, or a copy of a document, kept under this Act;

(b)on a stated day, or during a stated period, a stated person was or was not the holder of an authority or a stated authority;—

(i)an authority or a stated authority; or

(ii)a security clearance or a stated security clearance;

(c)a stated authority, security clearance or determination was or was not in force on a stated day or during a stated period;

(d)on a stated day, an authority, security clearance or determination was—

(i)suspended for a stated period; or

(ii)cancelled;

(e)on a stated day, a stated person was given a stated notice, order, requirement or direction under this Act;

(f)a stated fee or other amount is payable by a stated person to the chief inspector and has not been paid;

(g)anything else prescribed under a regulation.

134Approval of forms

The chief inspector may approve forms for use under this Act.

135Regulation-making power

(1)The Governor in Council may make regulations under this Act.

(2)Without limiting subsection (1), a regulation may be made about any of the following matters—

(a)fees and charges;

(b)records to be kept by an authority holder;

(c)standards for the construction and maintenance of, and fittings, appliances, and equipment used in, factories and magazines;

(d)the use or storage in a factory or magazine of explosives or anything else that may ignite spontaneously;

(e)the appointment of a person to be the manager of a government magazine and the functions and powers of the manager;

(ef)rules for the employment and conduct of workers in, and other persons entering, explosives factories or magazines;

(fg)the way explosives that are dangerous to the public or property must be dealt with;

(gh)the way explosives must be packed and labelled;

(hi)condemning explosives and their destruction or disposal;

(ij)conditions, and other requirements, that apply to an authority;

(jk)otherwise regulating activities in relation to explosives.

(3)Without limiting subsection (1) or (2)(a), a regulation may be made about assessing, charging and recovering fees payable to cover the cost of the department’s activities, carried out for the purposes ofunder this Act or another Act, relating to safety and health for explosives.

(4)Without limiting subsection (3), a regulation may provide for any of the following—

(a)the types of activities for which fees may be charged and recovered;

(b)the fees to be charged;

(c)the way the fees are calculated including, for the first time the fees are charged, prescribing the way based on criteria in place before the commencement of the regulation;

(d)who must pay the fees;

(e)how, when, where, and to whom, the fees must be paid;

(f)the calculation of interest payable on unpaid fees;

(g)the information that must be provided to the chief executive by the persons who must pay the fees;

(h)how, when, where, and to whom, the information is to be provided;

(i)investigations by inspectors to obtain and check the information.

(5)A regulation may also create offences and impose penalties of not more than 200 penalty units for an offence.

136Repeal

The Explosives Act 1952 is repealed.

138Existing licences etc.

A licence, permit, certificate or another permission in force under the former Act immediately before the commencement of this section continues in force, subject to this Act, as if it were an authority issued under this Act.

139Existing register

The register kept under the former Act continues as a register under this Act.

141Existing exemptions

An exemption in force under a regulation in force under the former Act immediately before the commencement of this section continues in force for this Act.

142Inspectors

(1)A person who, immediately before the commencement of this section, was the chief inspector of explosives, is taken to be the chief inspector for this Act.

(2)A person who, immediately before the commencement of this section, was an inspector under the former Act is taken to be an inspector under this Act.

143References to Explosives Act 1952

In an Act or document, a reference to the Explosives Act 1952 may, if the context permits, be taken to be a reference to this Act.

144Existing applications for an authority or renewal of licence

If, before the commencement of this section, an application was made under this Act for an authority, or renewal of a licence, and the application was not decided before the commencement of this section, the application must be decided by the chief inspector as if the application had been made after the commencement.

145Application of investigation costs provision to undecided appeals and reviews

(1)The investigation costs provision applies to a person being convicted of an offence against this Act regardless of when the offence against this Act was committed.

(2)Subsection (1) applies despite the following provisions—

(a)the Criminal Code, section 11(2);

(b)the Acts Interpretation Act 1954, section 20C.

(3)In this section—

investigation costs provision means section 122(1) as amended under the Mines and Energy Legislation Amendment Act 2011.

146Return of seized things

(1)New section 95 applies in relation to a thing seized under part 6 before the commencement that, on the commencement, is still seized.

(2)If, at any time before the commencement, a thing seized under part 6 was not returned to its owner within the time required under old section 95—

(a)the retention of the thing is taken to have been as lawful as it would have been apart from the non-compliance with old section 95; and

(b)the State is not liable to pay compensation, and does not incur any other liability, for the retention of the thing in contravention of old section 95.

(3)Subsection (2) applies for all purposes including a legal proceeding started before the commencement.

(4)In this section—

new section 95 means section 95 as in force from the commencement.

old section 95 means section 95 as in force from time to time before the commencement.

147Validation of particular appointments

(1)This section applies if, before the commencement, a person was purportedly appointed or designated to any of the following offices (each a relevant office)—

(a)an inspector under section 78(1);

(b)for an inspector—the chief inspector under section 78(2).

(2)The person is declared to always have been validly appointed to the relevant office.

(3)Anything done or omitted to be done by the person that would have been valid and lawful under this Act had the person been validly appointed to the relevant office is taken to be, and always to have been, valid and lawful.

(4)Without limiting subsection (3), it is declared that evidence obtained by the person in the purported exercise of a power under this Act is taken to be, and always to have been, lawfully obtained.

section 3

ammunition includes bombs, grenades, rockets, mines, projectiles and other similar devices and all types of cartridges (including blanks) used in firearms.

appropriately qualified, in relation to the exercise of a power, includes having the qualifications, experience or standing to exercise the power.

Example of standing—

the level at which a person is employed in the department

approved form see section 134.

authorised explosive means an explosive declared under section 8 to be an authorised explosive.

authority means a licence, permit or another authority issued under this Act.

chief inspector means the inspector designated by the chief executiveCEO as the chief inspector for this Act.

commissioner means the commissioner of the police service.

conviction includes a finding of guilt or the acceptance of a plea of guilty by a court, whether or not a conviction is recorded.

dangerous situation notice see section 103.

executive officer, of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

explosive includes—

(a)a substance or a thing containing a substance, manufactured or used with a view to produce—

(i)a practical effect by explosion; or

(ii)a pyrotechnic effect; and

(b)a substance or thing declared under a regulation to be an explosive.

Examples of explosives—

ammunition, detonators, gunpowder, nitroglycerine, pyrotechnics (including fireworks)

explosives factory means a place described in an explosives manufacturer licence where explosives are manufactured under the license.

explosives incident means any of the following events involving an explosive—

(a)an explosive is, or appears to have been, lost or stolen;

explosives trial approval see section 12.

export explosive see section 35.

external review, for a decision, means a review of the decision by QCAT under the QCAT Act.

firearm means a gun or other thing ordinarily described as a firearm.

former Act means the Explosives Act 1952.

government entity means a State government department or an agency, authority, commission, corporation, instrumentality, office or other entity, established under an Act or other authorisation for a public or State purpose, and includes part of a government entity.

government magazine means a place declared to be a government magazine under section 46(1).

holder, of an authority, means the person to whom it is issued or transferred.

import explosive see section 35.

information notice means a notice complying with the QCAT Act, section 157(2).

inspector means a person who is appointed as an inspector under this Act.

issue an authority includes renew an authority.

licence means an authority prescribed under a regulation to be a licence.

magazine means a place used to keep or store explosives, and includes anything else used to keep the explosives safe and secure.

manufacture an explosive includes—

(a)take a step or process for producing an explosive; and

(b)remake or recondition an explosive; and

(c)alter the chemical or physical nature of an explosive; and

(d)break up or sort out explosives.

official means—

(a)the Minister; or

(d)an inspector; or

(e)a person acting under the direction of an inspector; or

(f)a person helping an inspector in a dangerous situation.; or

package means a barrel, box, canister, case, tin, or another container, and includes anything by which goods may be cased, covered, enclosed, contained, or packed.

permit means a permit under this Act that is in force.

possess an explosive includes—

(a)have custody or control of the explosive; and

(b)have an ability or right to obtain custody or control of the explosive.

prepare an explosive for use includes—

(a)prepare a charge for the explosive; and

(b)do anything to an explosive (including charge it) so it can be exploded; and

(c)attempt to do an act mentioned in paragraph (a) or (b).

prescribed explosive see section 38(3).

prohibited explosive means an explosive declared under a regulation to be a prohibited explosive.

psychologist means a person registered under the Health Practitioner Regulation National Law to practise in the psychology profession, other than as a student.

public place means any place that is—

(a)a public road; or

(b)a place the public is entitled to use; or

(c)a place open to, or used by, the public (whether or not on payment of money).

reasonably believe means believe on grounds that are reasonable in the circumstances.

reasonably satisfied means satisfied on grounds that are reasonable in the circumstances.

remedial action notice see section 102.

reprisal see section 126A.

seized thing see section 91.

sell includes—

(a)sell by wholesale or retail; and

(b)supply in trade or commerce or under an arrangement; and

(ba)supply in another way, including by gift or exchange; and

(c)agree, attempt or offer to sell; and

(d)keep or expose for sale; and

(e)cause or permit to be sold.

serious explosives incident means an explosives incident that causes, or could reasonably be expected to cause—

(a)the death of a person; or

(b)a person to be admitted to a hospital as an in-patient for treatment for the injury.

store an explosive includes—

(a)keep an explosive; and

(b)allow an explosive to be stored or kept.

substance includes a gas, gas mixture, liquid, liquid mixture, and a solid in solution and in equilibrium with the solution.

trade or commerce includes—

(a)a business activity; and

(b)anything else done for gain or reward.

unauthorised explosive means an explosive that is not included in the register of authorised explosives.

unlawfully enter an explosives factory or magazine, means enter the factory or magazine—

(b)without authority given under this Act or another Act.