Queensland Consolidated Acts

EXPLOSIVES ACT 1999

- As at 3 September 2024 
- Act 15 of 1999 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

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

   PART 2 - AUTHORISED AND PROHIBITED EXPLOSIVES

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

   PART 3 - AUTHORITIES AND SECURITY CLEARANCES

           Division 1AA - Security clearances

              Subdivision 1 - Applications for security clearances

   12A.    Making applications for security clearances
   12B.    Criteria for deciding applications
   12C.    Deciding applications
   12D.    Form of security clearances
   12E.    Term of security clearances
   12F.    Renewal of security clearances

              Subdivision 2 - Information about applicants and security clearance holders

   12G.    Reports about criminal history and other matters
   12H.    Commissioner must give notice of particular matters
   12I.    Requests for information about mental health
   12J.    Failure to give information about mental health
   12K.    Use of information obtained under s 12G, 12H or 12I

           Division 1 - Authorities

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

           Division 2 - Suspension and cancellation of authorities and security clearances

              Subdivision 1 - Suspensions and cancellations generally

   23.     Grounds for suspending or cancelling authorities
   23A.    Grounds for suspending or cancelling security clearances
   24.     Procedure for suspension or cancellation
   25.     Procedure for urgent suspension or cancellation of authorities and security clearances

              Subdivision 2 - Immediate suspensions and cancellations

   25A.    Immediate suspension in particular circumstances
   25B.    Immediate cancellation if protection order made

              Subdivision 3 - Provisions about suspended and cancelled authorities and security clearances

   26.     Return of authorities and security clearances
   26A.    Surrender of explosives

           Division 3 - Other provisions about authorities and security clearances

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

   PART 4 - HANDLING EXPLOSIVES

           Division 1 - Preliminary

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

           Division 2 - Possession of explosives

   34.     Authority required to possess explosives

           Division 3 - Moving explosives into and out of the State

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

           Division 4 - Manufacturing explosives

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

           Division 5 - Selling explosives

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

           Division 6 - Storing explosives

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

           Division 7 - Transporting explosives

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

           Division 8 - Using explosives

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

   PART 4A - INDUSTRIAL MANSLAUGHTER

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

   PART 5 - INVESTIGATIONS AND INQUIRIES INTO EXPLOSIVES INCIDENTS

           Division 1 - Investigations into explosives incidents

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

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

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

   PART 6 - ADMINISTRATION AND ENFORCEMENT

           Division 1 - Inspectors

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

           Division 2 - Powers of inspectors

              Subdivision 1 - Entry of places

   83.     Power to enter places

              Subdivision 2 - Procedure for entry

   84.     Entry with consent
   85.     Application for warrant
   86.     Issue of warrant
   87.     Special warrants
   88.     Warrants—procedure before entry

              Subdivision 3 - Powers after entry

   89.     General powers after entering places
   90.     Power to seize evidence
   90A.    Power to secure seized thing
   90B.    Powers to support seizure
   90C.    Offence to interfere
   91.     Receipt for seized things
   92.     Recovery of costs of seizure
   93.     Access to seized things
   94.     Forfeiture of seized things
   95.     Return of seized things

              Subdivision 4 - Power to require information

   96.     Power to require personal details
   96A.    Offence to contravene personal details requirement
   97.     Power to require attendance of persons before an inspector to answer questions
   98.     Failure to comply with requirement about attendance
   99.     False or misleading information
   99A.    Person not to encourage or influence refusal to answer questions
   100.    Power to require production of documents
   101.    (Repealed)

              Subdivision 5 - Power to give direction or to take direct action

   102.    Power to give direction about contravention
   103.    Power to give direction in dangerous situation
   104.    Preventing injury and damage—taking direct action

              Subdivision 6 - General offences

   105.    Obstruction of inspectors
   105AA.  Impersonating inspectors or authorised officers

              Subdivision 7 - Additional power of chief inspector

   105A.   Definition for subdivision
   105B.   Power to direct action in emergency
   105C.   Relationship to Public Safety Preservation Act 1986

           Division 2A - Authorised officers

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

           Division 3 - Seized things to be forfeited to the State

   106.    Power to declare seized things forfeited

           Division 4 - Injunctions

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

   PART 7 - REVIEW OF DECISIONS

           Division 1 - Internal review of decisions

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

           Division 2 - External reviews by QCAT

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

   PART 8 - GENERAL

           Division 1 - General provisions about offences

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

           Division 1AA - Enforceable undertakings

   123A.   CEO may accept enforceable undertaking
   123B.   Notice of decision and reasons for decision
   123C.   When enforceable undertaking is enforceable
   123D.   Compliance with enforceable undertaking
   123E.   Contravention of enforceable undertaking
   123F.   Withdrawal or variation of enforceable undertaking
   123G.   Proceeding for alleged contravention

           Division 1AB - Sentencing for offences

   123H.   Application of division
   123I.   Orders generally
   123J.   Adverse publicity orders
   123K.   Orders for restoration
   123L.   Safety and health project orders
   123M.   Release on giving of court-ordered undertaking
   123N.   Injunctions
   123O.   Training orders
   123P.   Offence to fail to comply with order

           Division 1A - Biometric information

   123Q.   Application of division
   123R.   Definitions for division
   123S.   Taking biometric information for use under this Act
   123T.   Using biometric information
   123U.   Biometric information must be destroyed if relevant application refused or withdrawn
   123V.   When biometric information must be destroyed if authority or security clearance given

           Division 2 - Other general provisions

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

   PART 9 - REPEAL

   136.    Repeal

   PART 10 - TRANSITIONAL AND VALIDATION PROVISIONS

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

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

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

   144.    Existing applications for an authority or renewal of licence

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

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

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

   146.    Return of seized things

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

   147.    Validation of particular appointments

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

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

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

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

           Division 8 - Transitional and validation provisions for Resources Safety and Health Legislation Amendment Act 2024

   160.    Definitions for division
   161.    Notice given to chief inspector about import or export of explosive before commencement
   162.    Notice limiting powers of inspector given by Minister before commencement
   163.    Direction given by Minister to authorised officer before commencement
   164.    Validation of security sensitive authority issued to Queensland Police Service contrary to s 15A
   165.    Validation of security sensitive authority issued to government entity or Commonwealth entity contrary to s 17
   166.    Limitation period for starting prosecution

   PART 11 - (Repealed)
           SCHEDULE 2