Queensland Consolidated Acts

EXPLOSIVES ACT 1999 - SECT 15

15 Inquiries 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.

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

(4) In deciding whether the person is an appropriate person, the chief inspector may consider, among other things—

(a) if the person is an individual—

(i) the person’s physical health; and

(ii) whether the person has stated anything in, or in relation to, an application for an authority or the renewal of an authority the person knows is false or misleading in a material particular; or

(b) if the person is a corporation—

(i) whether the corporation is an insolvent under administration under the Corporations Act ; and

(ii) whether the corporation has been convicted, in Queensland or elsewhere, of an offence involving a prescribed activity; and

(iii) whether an executive officer of the corporation would be considered to be an appropriate person under this section; and

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

(5) Also, in deciding whether an applicant for an authority or an authority holder is an appropriate person, the chief inspector must consider whether the person has adequate facilities for the use and handling of explosives.

(6) Information required to be supplied under this section may be used only to decide whether the person is an appropriate person for this section or to investigate or prosecute an offence and must not be disclosed for any purpose other than as provided by section 132 .

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

(a) inspect the facilities mentioned in subsection (5) ; or

(b) supply information or a document relevant to the person’s identity to an officer or member of a State or Commonwealth police service; or

(c) require the person to display an adequate knowledge of safety and security practices for the use and handling of explosives.

(8) An applicant for an authority is taken to have withdrawn the application if the applicant fails to allow the inspection under subsection (7) (a) within a stated reasonable time (not less than 28 days after notice of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