Explosives Regulation 2003

Explosives Regulation 2003

1Short title

This regulation may be cited as the Explosives Regulation 2003 .

2Commencement

This regulation commences on 1 July 2003.

3Dictionary

The dictionary in schedule 7 defines particular words used in this regulation.

Editor’s note—

A copy of an Australian Standard or code of practice referred to in this regulation, the UN tests and criteria and the UN model regulations may be inspected at the department’s office during business hours on business days at 61 Mary Street, Brisbane.

4References to classifying an explosive

In this regulation, a reference to classifying an explosive is a reference to—

(a)for an explosive to which the UN model regulations apply—

(i)assigning the class, division and compatibility group of the explosive under the UN model regulations; or

(ii)assigning the class, division and packing group of the explosive under the UN model regulations; or

(b)for an explosive rejected or otherwise refused classification under the UN model regulations—assigning the explosive a classification under a classification system approved by the chief inspector; or

(c)for an explosive to which the UN model regulations do not apply—assigning the explosive a classification under a classification system approved by the chief inspector.

s 4 sub 2010 SL No. 47 s 3

5References to mass of explosive

In this regulation, a reference to the mass of an explosive is, unless stated to be a reference to the gross weight of the explosive, a reference to the mass of explosive material contained in the explosive.

Example—

The gross weight of a box of distress signals might be 25kg, but the distress signals in the box might contain 2kg of explosive material. If this regulation stated a maximum amount for distress signals of 5kg, the box would be less than the maximum amount.

6Substances declared to be explosives

(1)For schedule 2, definition explosive, paragraph (b) of the Act, each of the following is declared to be an explosive—

(a)a precursor;

(b)ammunition that does not contain explosives;

(c)security sensitive ammonium nitrates.

(2)However, subsection (1) (b) does not apply for section 38 of the Act.

(3)For subsection (1) (b), ammunition does not include inert components of small arms ammunition.

Examples of inert components of small arms ammunition—

cartridge cases or projectiles

s 6 amd 2006 SL No. 108 s 3; 2010 SL No. 47 s 4

7Explosives exempt from Act

(1)An explosive is exempt from the Act if—

(a)the explosive is an ingredient in a mixture prepared for a use that does not include initiating the mixture; and

Examples for paragraph (a)—

•nitroglycerine contained in a tablet

•nitrocellulose contained in paint or nail polish

(b)the mixture is not—

(i)a class 1 explosive; or

(ii)an authorised explosive.

(2)A person who possesses an explosive mentioned in subsection (1) must not use or modify the explosive to produce an explosive effect.

Maximum penalty—200 penalty units.

8Exempt government entities

(1)The following entities are exempt from part 4, divisions 2, 7 and 8 of the Act—

(a)the Queensland police service;

(b)a police officer, special constable or trainee member of the Queensland police service who is acting in the course of the person’s official duties;

(c)a person mentioned in paragraph (b) who is not on duty as a member of the Queensland police service, in relation to the possession of small arms ammunition or any explosive that is an exhibit for the use of a court, if the person is acting in accordance with the directions of the commissioner of the Queensland police service in relation to the off-duty possession of ammunition or exhibits;

(d)an officer of another State’s police service who is acting in the course of the person’s official duties in Queensland for the Queensland police service.

(2)An inspector who is acting in the course of the inspector’s official duties is exempt from part 4, divisions 2 and 6 to 8 of the Act.

s 8 sub 2011 Act No. 37 s 53 sch

9Alternative safety measures

(1)This section applies if this regulation states that a person may use alternative safety measures for any of the following (a stated provision)—

(a)an Australian Standard;

(b)a code of practice;

(c)a provision of this regulation.

(2)The person may, if subsection (3) is complied with, use systems, methods or procedures (alternative safety measures) that do not comply with the stated provision.

(3)Alternative safety measures may be used under subsection (2) if—

(a)the alternative safety measures achieve a level of risk (the required level of risk) that is equal to or less than the level of risk achieved by the systems, methods or procedures provided for under the stated provision; and

(b)the person records the alternative safety measures in writing.

(4)The person must, on the request of an inspector, give the inspector a copy of the document recording the alternative safety measures.

(5)The inspector may, if the inspector is not reasonably satisfied the alternative safety measures achieve the required level of risk, give the person a remedial action notice.

(6)The notice must state, as well as the matters mentioned in section 102 (3) of the Act, that the alternative safety measures do not achieve the required level of risk.

10Conflict of regulation with Australian Standards, codes of practice etc.

To the extent this regulation is inconsistent with any of the following documents mentioned in this regulation, this regulation prevails—

(a)an Australian Standard;

(b)a code of practice;

(c)the UN tests and criteria;

(d)the UN model regulations.

11Definitions for pt 2

In this part—

prescribed information, for a request that an explosive be declared an authorised explosive or an application for an explosives trial approval, means each of the following—

(a)a description of the explosive, including each of the following—

(i)the name of the explosive;

(ii)the design, composition and formulation of the explosive, including the mass of the explosive;

(iii)the intended use of the explosive and how it functions;

(iv)the classification code and the United Nations number, within the meaning of the UN model regulations, for the explosive;

(v)the shelf life recommended for the explosive by its manufacturer;

(b)if requested by the chief inspector, drawings or photographs of the explosive;

(c)details of all possible uses of the explosive and the purpose of the applicant’s intended use or uses of the explosive;

(d)for an explosive suitable for use in an underground coal mine—details of the explosive’s suitability for the use, including the results of any tests carried out to decide the explosive’s suitability;

(e)information relevant to classifying the explosive, including—

(i)the results of any tests carried out, under the UN tests and criteria, to classify the explosive; and

(ii)a classification code for the explosive decided by the Commonwealth or another State;

(f)details about the manufacture of the explosive, including each of the following—

(i)the name of the explosive’s manufacturer;

(ii)the country in which the explosive is manufactured;

(iii)the period for which the explosive has been manufactured by the manufacturer;

(iv)any information in the applicant’s possession about the safety history of the explosive’s use, whether in Australia or elsewhere;

(g)if the explosive is packaged—details about the packaging including each of the following—

(i)markings on the packaging;

(ii)the number of explosives contained in the package;

(iii)if the packaging has been tested under the Australian explosives code—the results of the testing and the approval number assigned to the packaging;

(h)a safety data sheet for the explosive;

(i)if requested by the chief inspector, a sample of the explosive;

(j)a written statement, prepared by the supplier of the explosive, of the supplier’s directions for the safe use and disposal of the explosive.

def prescribed information amd 2011 SL No. 240 s 794

trial, for an explosives trial approval, means the trial, experiment or examination for which the unauthorised or prohibited explosive will be manufactured, possessed, sold, stored, transported or used.

12Classification of authorised explosive

For section 8 (2) (b) of the Act, an explosive must be classified according to—

(a)the explosive’s class, division and compatibility group; or

(b)the explosive’s class, division and packing group; or

(c)another classification system approved by the chief inspector.

s 12 amd 2010 SL No. 47 s 5

13Request for declaration of authorised explosive

(1)A person may, by notice to the chief inspector, ask the chief inspector to declare an explosive to be an authorised explosive for the Act.

(2)The notice must be accompanied by the prescribed information and the prescribed fee for the request.

14Advice of chief inspector’s decision

If a person has requested that the chief inspector declare an explosive to be an authorised explosive for the Act, the chief inspector must, as soon as practicable after deciding whether to make the declaration, give the person—

(a)if the chief inspector decides to make the declaration—notice of the decision; or

(b)if the chief inspector decides not to make the declaration—an information notice about the decision.

s 14 amd 2009 Act No. 24 s 501

15Declaration of prohibited explosive

For section 10 of the Act, an explosive stated in schedule 1, part 1 is a prohibited explosive.

16Application for explosives trial approval

(1)A person may apply to the chief inspector for an explosives trial approval.

(2)The application must be accompanied by—

(a)as much of the prescribed information for the application as the applicant can reasonably obtain; and

(b)the following information—

(i)the reason for, or purpose of, the trial;

(ii)the date the trial will start and the estimated completion date;

(iii)where the trial will be carried out;

(iv)the estimated amount of explosive that will be used for the trial;

(v)the name of the person who will supervise the trial; and

(c)the prescribed fee for the application.

(3)The chief inspector may ask the person to give, within the period stated by the chief inspector but at least 28 days from the date of the request, any further relevant information or evidence the chief inspector requires to decide whether to issue the approval.

(4)The person must give the chief inspector the further information or evidence requested.

(5)The person is taken to have withdrawn the application if the person fails to provide the further information or evidence requested within the period stated by the chief inspector.

17How chief inspector may deal with application

(1)The chief inspector must consider an application for an explosives trial approval and either—

(a)issue the approval with each of the following conditions—

(i)the conditions stated in section 18;

(ii)any other conditions imposed by the chief inspector that are consistent with the conditions stated in section 18; or

(b)refuse to issue the approval.

(2)If the chief inspector decides to issue the approval, the chief inspector must, as soon as practicable, give the applicant—

(a)the approval; and

(b)if the chief inspector decides to impose conditions on the approval under subsection (1) (a) (ii)—an information notice about the decision.

(3)If the chief inspector decides not to issue the approval, the chief inspector must, as soon as practicable, give the applicant an information notice about the decision.

s 17 amd 2009 Act No. 24 s 502

18Conditions of explosives trial approval

(1)An explosives trial approval is subject to each of the following conditions—

(a)the trial must not take place without the written consent of the owner or occupier of the place where the trial is carried out;

(b)the holder must ensure the trial is conducted in accordance in all material respects with the information given to the chief inspector with the application for the approval;

(c)the holder must give a written report about the trial to the chief inspector as soon as practicable after the trial is completed.

(2)For subsection (1) (c), the report must state—

(a)the results of the trial; and

(b)any action the holder proposes to take in relation to the explosive.

19Authorities that may be issued under Act

(1)For section 13 of the Act, the following authorities may be issued—

•licence to import explosives

•licence to export explosives

•permit to import explosives

•permit to export explosives

•licence to manufacture explosives

•licence to sell explosives

•licence to store explosives

•permit to store explosives

•licence to transport explosives

•licence to use explosives

•shotfirer licence

•fireworks contractor licence

•fireworks operator licence

•licence to collect ammunition.

(2)Division 2 states what each authority authorises.

20Fees

(1)The fees payable under the Act are stated in schedule 2.

(2)The prescribed fee for an authority is—

(a)for the issue of a licence—the application fee and the licence fee for the licence; and

(b)for the renewal of a licence—the licence fee for the licence; and

(c)for the amendment of a licence—the application fee for the licence; and

(d)for the issue of a permit—the application fee for the permit.

(3)All or part of a licence fee paid may be refunded if—

(a)the licence is issued for a term longer than 1 year; and

(b)the licence is surrendered during the term.

(4)For subsection (3), the amount that may be refunded is the licence fee for each whole year of the unexpired term of the licence.

21Term of authority

For section 19 of the Act, the maximum term of an authority is—

(a)for a fireworks contractor licence or a fireworks operator licence—3 years; or

(b)for another authority—5 years.

21AOperation of div 2

(1)This division provides for what each type of authority authorises.

(2)However, each authorisation under this division is subject to any relevant restrictions or prohibitions under this regulation or a condition or other provision of the authority.

s 21A ins 2006 SL No. 108 s 4

22What licence to import explosives and licence to export explosives authorise

(1)A licence to import explosives authorises the holder of the authority to—

(a)bring the explosives stated in the licence into the State from another country; and

(b)possess the explosives for the purpose of bringing them, under the licence, into the State.

(2)A licence to export explosives authorises the holder of the authority to—

(a)send the explosives stated in the licence from the State to another country; and

(b)possess the explosives for the purpose of sending them, under the licence, to another country.

(3)A licence to import explosives or export explosives does not authorise the licence holder to purchase or sell explosives.

s 22 amd 2010 SL No. 47 s 6

23What permit to import explosives and permit to export explosives authorise

(1)A permit to import explosives authorises the holder of the authority to—

(a)bring into the State from another country, on the day and in the way stated in the permit, the explosives stated in the permit; and

(b)possess the explosives for the purpose of bringing them, under the permit, into the State.

(2)A permit to export explosives authorises the holder of the authority to—

(a)send from the State to another country, on the day and in the way stated in the permit, the explosives stated in the permit; and

(b)possess the explosives for the purpose of sending them, under the permit, to another country.

(3)A permit to import explosives or export explosives does not authorise the authority holder to purchase or sell explosives.

s 23 amd 2010 SL No. 47 s 7

24What licence to manufacture explosives authorises

A licence to manufacture explosives authorises the holder of the authority to—

(a)manufacture, at the place, if any, stated in the licence, the explosives stated in the licence; and

(b)possess explosives manufactured under the licence; and

(c)possess explosives used in the manufacture of the explosive stated in the licence; and

(d)purchase explosives used in the manufacture of the explosive stated in the licence; and

(e)if a place is stated in the licence—store the explosives at the place as required under part 8; and

(f)if the licence is for a mobile manufacturing unit—transport an explosive manufactured under the licence, or used in the manufacture of the explosive stated in the licence, in the mobile manufacturing unit.

s 24 amd 2010 SL No. 47 s 8

25What licence to sell explosives authorises

A licence to sell explosives authorises the holder of the authority to—

(a)sell, at the place, if any, stated in the licence, the explosives stated in the licence; and

(b)possess the explosives for the purpose of selling them under the licence; and

(c)purchase the explosives for the purpose of selling the explosives under the licence; and

(d)if a place is stated in the licence—store the explosives at the place as required under part 8 for the purpose of selling them under the licence.

s 25 amd 2010 SL No. 47 s 9

26What licence to store explosives authorises

A licence to store explosives authorises the holder of the authority to—

(a)store, at a place stated in the licence, the explosives stated in the licence; and

(b)possess the explosives for the purpose of storing them under the licence; and

(c)purchase the explosives for the purpose of storing them under the licence.

s 26 amd 2010 SL No. 47 s 10

27What permit to store explosives authorises

A permit to store explosives authorises the holder of the authority to—

(a)store, at a place and for the period stated in the permit, the explosives stated in the permit; and

(b)possess the explosives, for that period, for the purpose of storing them under the permit.

28What licence to transport explosives authorises

(1)A licence to transport explosives authorises the holder of the authority to—

(a)transport, using a vehicle or in the way stated in the licence, the explosives stated in the licence; and

(b)possess the explosives for the purpose of transporting them under the licence.

(2)A licence to transport explosives does not authorise the holder of the licence to purchase explosives.

s 28 amd 2010 SL No. 47 s 11

29What licence to use explosives authorises

A licence to use explosives authorises the holder of the authority to—

(a)use the explosives stated in the licence for the purpose stated in the licence; and

(b)possess the explosives for the purpose of using them under the licence; and

(c)purchase the explosives for the purpose of using them under the licence; and

(d)store and transport the explosives, as required under parts 8 and 9, for the purpose of using them under the licence.

s 29 amd 2010 SL No. 47 s 12

30What shotfirer licence authorises

(1)A shotfirer licence authorises the holder of the authority to—

(a)use the blasting explosives stated in the licence; and

(b)possess the blasting explosives for the purpose of using them under the licence; and

(c)purchase the explosives for the purpose of using them under the licence; and

(d)store the blasting explosives, as required under part 8, for the purpose of using them under the licence; and

(e)transport the blasting explosives, as required under part 9, for the purpose of using them under the licence.

(2)However, the holder of a shotfirer licence is only authorised to do a thing mentioned in subsection (1) (a), (c) or (e) if the holder has a current competency assessment.

(3)In this section—

current competency assessment, in relation to the holder of a shotfirer licence, means an assessment—

(a)by a registered training organisation that the holder has attained the specific competencies in the use of blasting explosives contained in the industry training packages as approved by the chief inspector; and

(b)that was performed within 5 years before the day the thing mentioned in subsection (1) (a), (c) or (e) is done.

s 30 amd 2010 SL No. 47 s 13; 2012 SL No. 121 s 3

31What fireworks contractor licence authorises

A fireworks contractor licence authorises the holder of the authority to—

(a)organise, or agree to organise, a fireworks display for the display host; and

(b)possess fireworks for the purpose of supplying them to a fireworks operator; and

(c)purchase fireworks for use in a fireworks display organised by the fireworks contractor; and

(d)supply fireworks to a fireworks operator for use by the fireworks operator in a fireworks display organised by the fireworks contractor; and

(e)store and transport fireworks, as required under parts 8 and 9, for the purpose of supplying them to a fireworks operator.

s 31 amd 2006 SL No. 108 s 5; 2010 SL No. 47 s 14

32What fireworks operator licence authorises

(1)A fireworks operator licence authorises the holder of the authority to—

(a)use fireworks for the purpose of a fireworks display organised by a fireworks contractor; and

(b)possess fireworks for the purpose of using them in a fireworks display organised by a fireworks contractor; and

(c)store and transport the fireworks, as required under parts 8 and 9, for the purpose of using them in a fireworks display organised by a fireworks contractor.

(2)To remove any doubt, it is declared that a fireworks operator licence does not authorise the holder of the authority to purchase fireworks.

s 32 amd 2006 SL No. 108 s 6; 2010 SL No. 47 s 15

33What licence to collect ammunition authorises

A licence to collect ammunition authorises the holder of the authority to—

(a)bring collectors’ ammunition into the State from another country; and

(b)send collectors’ ammunition from the State to another country; and

(c)purchase, sell, possess, transport and store collectors’ ammunition.

s 33 amd 2010 SL No. 47 s 16

34Information that must accompany application for renewal of particular licences

(1)An application for renewal of a licence mentioned in subsection (2) must be accompanied by a record of explosives used under the licence by the holder during the term of the licence.

(2)For subsection (1), the licences are the following—

(a)a licence to use explosives;

(b)a shotfirer licence;

(c)a fireworks operator licence.

s 34 amd 2010 SL No. 47 s 17

35Shotfirer licence

(1)A person is an appropriate person for the issue of a shotfirer licence if the chief inspector is reasonably satisfied the person—

(a)is an adult; and

(b)is physically able to carry out blasting activities; and

(c)has, within the 5 year period ending on the day the application is made, been assessed by a registered training organisation as having attained the specific competencies in the use of blasting explosives contained in the industry training packages as approved by the chief inspector; and

Editor’s note—

Information identifying the specific competencies and the training packages they are contained in can be accessed on the department’s website at <www.dnrm.qld.gov.au>.

(d)has satisfactory knowledge of each of the following matters—

(i)the requirements under the Act about the storage, transport, manufacture, sale and use of explosives;

(ii)the hazards associated with each type of blasting explosive, its blasting characteristics, safe handling procedures and methods of use;

(iii)the potential environmental consequences of blasting and methods for minimising the adverse effects of blasting; and

(e)is proficient in each of the following—

(i)designing, loading and initiating blasts;

(ii)handling misfires;

(iii)disposing of blasting explosives; and

(f)is, in all the circumstances, an appropriate person for the issue of the licence.

(2)For subsection (1) (d) and (e), the chief inspector may require the person to sit a written, oral or practical examination.

s 35 amd 2010 SL No. 47 s 18; 2012 SL No. 121 s 4

36Fireworks contractor licence

(1)A person is an appropriate person for the issue of a fireworks contractor licence if the chief inspector is reasonably satisfied the person or, if the person is a corporation, an executive officer of the corporation—

(a)is 21 years or more; and

(b)holds a fireworks operator licence or an equivalent authority; and

(c)has held a fireworks operator licence or an equivalent authority for 3 years or more; and

(d)either—

(i)has, within the 2 year period ending on the day the licence application is made, been assessed by a registered training organisation as having attained the specific competencies in organising fireworks displays contained in the industry training packages as approved by the chief inspector; or

Editor’s note—

Information identifying the specific competencies and the training packages they are contained in can be accessed on the department’s website at <www.deedi.qld.gov.au>.

(ii)otherwise demonstrates the skill, knowledge and experience required to organise fireworks displays to a standard considered by the chief inspector to be necessary for the safety and health of persons; and

(e)is, in all the circumstances, an appropriate person for the issue of a fireworks contractor licence.

(2)For subsection (1) (d) (ii), the chief inspector may require the person to sit a written, oral or practical examination.

(3)In this section—

equivalent authority means—

(a)a shotfirer (fireworks) licence issued under the former regulation; or

(b)a licence issued by another State authorising the person to use fireworks.

s 36 amd 2010 SL No. 47 s 19

37Fireworks operator licence

(1)A person is an appropriate person for the issue of a fireworks operator licence if the chief inspector is reasonably satisfied the person—

(a)is an adult; and

(b)is physically able to use fireworks in fireworks displays; and

(c)either—

(i)has, within the 2 year period ending on the day the licence application is made, been assessed by a registered training organisation as having attained the specific competencies in the use of fireworks in fireworks displays contained in the industry training packages as approved by the chief inspector; or

Editor’s note—

Information identifying the specific competencies and the training packages they are contained in can be accessed on the department’s website at <www.deedi.qld.gov.au>.

(ii)otherwise demonstrates the skill, knowledge and experience required to use fireworks to a standard considered by the chief inspector to be necessary for the safety and health of persons; and

(d)has satisfactory knowledge of each of the following matters—

(i)the requirements under the Act about storage, transport, manufacture, sale and use of fireworks;

(ii)the hazards associated with each type of firework, its safe handling procedures and methods of use;

(iii)the requirements under the Queensland fireworks code; and

(e)is, in all the circumstances, an appropriate person for the issue of a fireworks operator licence.

(2)For subsection (1) (c) (iii) and (d), the chief inspector may require the person to sit a written, oral or practical examination.

s 37 amd 2010 SL No. 47 s 20

38Other authorities

(1)A person is an appropriate person for the issue of an authority not mentioned in sections 35 to 37 if the chief inspector is reasonably satisfied the person or, if the person is a corporation, an executive officer of the corporation—

(a)is an adult; and

(b)is physically able to handle explosives under the authority; and

(c)has satisfactory knowledge of—

(i)the requirements under the Act applicable to holders of the authority; and

(ii)the hazards associated with the explosives to which the authority would apply; and

(d)is, in all the circumstances, an appropriate person for the issue of the authority.

(2)For subsection (1) (c), the chief inspector may require the person to sit a written, oral or practical examination.

39Employees of particular authority holders taken to be holders of authority

(1)This section applies to an employee of a holder of a prescribed authority if the employee is—

(a)acting within the scope of the employee’s employment; and

(b)if the prescribed authority is a licence to use explosives or a fireworks operator licence—acting in the presence and under the direct supervision of the holder.

(2)The employee is taken to be a holder of the prescribed authority.

(3)In this section—

prescribed authority means a following authority—

(a)a licence to import explosives;

(b)a licence to export explosives;

(c)a licence to manufacture explosives;

(d)a licence to sell explosives;

(e)a licence to store explosives;

(f)a permit to store explosives;

(g)a licence to transport explosives;

(h)a licence to use explosives;

(i)a fireworks contractor licence;

(j)a fireworks operator licence;

(k)a licence or permit issued under the Weapons Act 1990 .

s 39 amd 2010 SL No. 47 s 21

40Notification requirements for all authority holders

(1)This section applies if, during the term of an authority, a following event (a prescribed event) happens—

(a)the holder of the authority becomes aware of a change in circumstances that prevents the holder complying with this regulation or a condition of the authority;

(b)the holder is convicted of an offence—

(i)relating to the misuse of drugs; or

(ii)involving violence or threatened violence; or

(iii)involving the use, carriage, discharge or possession of a firearm; or

(iv)relating to the use and handling of explosives;

(c)a domestic violence order is made against the holder.

(2)The holder must, as soon as practicable after becoming aware a prescribed event has happened, give to an inspector notice of the prescribed event.

Maximum penalty—200 penalty units.

(3)The holder must comply with subsection (2) unless the holder has a reasonable excuse.

41Notification requirements for particular authority holders

(1)This section applies if, during the term of a prescribed authority, the holder of the authority proposes to do any of the following—

(a)change the construction or location of a building stated in the authority as a place where activities may be carried out under the authority;

(b)construct a new building in which activities are proposed to be carried out under the authority;

(c)use new equipment or vehicles, or change the location of equipment used when the authority was issued, in connection with carrying out activities under the authority.

(2)The holder must, before doing a thing mentioned in subsection (1), give notice of the proposed action to the chief inspector.

Maximum penalty—50 penalty units.

(3)The holder must comply with subsection (2) unless the holder has a reasonable excuse.

(4)In this section—

new equipment or vehicles means equipment or vehicles not used in connection with carrying out activities under the prescribed authority when the holder applied for the prescribed authority.

prescribed authority means any of the following—

(a)a licence to store explosives;

(b)a licence to manufacture explosives;

(c)a licence to transport explosives.

42Requirement to have and give effect to safety management system

(1)This section applies to the holder of a prescribed authority if 1 or more employees of the holder carry out activities under the authority.

(2)The holder must have and give effect to a safety management system for—

(a)if a place is stated in the authority as a place where an activity may be carried out under the authority—the place; or

Examples for paragraph (a)—

•an explosives factory

•premises where explosives are stored

(b)if an activity is carried out under the authority other than at a place mentioned in paragraph (a)—the activity.

Examples for paragraph (b)—

•blasting activities carried out under an authority at various locations

•transporting explosives

Maximum penalty—50 penalty units.

(3)The safety management system is a system that incorporates risk management elements and practices that ensure the safety and health of persons who may be affected by activities carried out under the authority.

(4)The safety management system must—

(a)be an auditable written system that complies with section 43; and

(b)provide for ongoing consultation with employees and contractors of the holder who are engaged in carrying out activities under the authority, at least once a month, about safety in relation to the activities.

(5)The safety management system may be part of a safety management system (however called) required under another Act.

Example—

The safety management system may be part of a safety and health management system for a coal mine required under the Coal Mining Safety and Health Act 1999 .

(6)In this section—

prescribed authority means any of the following authorities—

(a)a licence to import explosives;

(b)a licence to export explosives;

(c)a licence to manufacture explosives;

(d)a licence to sell explosives;

(e)a licence to store explosives;

(f)a licence to transport explosives;

(g)a licence to use explosives;

(h)a shotfirer licence;

(i)a fireworks contractor licence.

43Contents of safety management system

A safety management system must contain each of the following—

(a)a description of the holder’s safety policy;

(b)details of the organisational structure of the holder’s operations, including details of the personnel responsible for performing all the functions provided for under the system;

(c)a system procedure for each matter stated in schedule 3, part 1;

(d)an operational procedure for each matter stated in schedule 3, part 2 that is applicable to the place or activity to which the system applies.

44Possession of explosives to which s 34 of Act does not apply

(1)For section 34 (2) of the Act, the following explosives are prescribed—

(a)an unrestricted firework;

(b)a distress signal, including, for example, a distress signal designed to be placed on a railway track;

(c)an explosive designed to activate an airbag, seatbelt, fire extinguisher or parachute;

(d)an electric match;

(e)a safety fuse or igniter;

(f)a power device cartridge;

(g)small arms ammunition, and an explosive ingredient of small arms ammunition, that is possessed by a person licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;

(h)an explosive manufactured under section 38 (2) (a) of the Act that is possessed by the person who manufactured the explosive;

(i)an explosive stored at a government magazine;

(j)an explosive possessed by a person transporting it who holds an authority under a corresponding law to transport the explosive;

(k)collectors’ ammunition possessed by a prescribed ammunition collector;

(l)an explosive that—

(i)is stored in a secured area at a laboratory at an industrial facility, educational institution or a research facility for use at the laboratory; and

(ii)if the explosive is a security sensitive ammonium nitrates explosive—is not more than 3kg; and

(iii)if the explosive is other than an explosive mentioned in subparagraph (ii)—is not more than 100g.

(2)In this section—

corresponding law has the meaning given to it by section 50 (6) of the Act.

secured area means a secured area under section 84.

s 44 amd 2010 SL No. 47 s 22

45Children prohibited from possessing particular explosives

(1)A person must not possess an explosive mentioned in section 44 (1) unless the person is an adult.

Maximum penalty—20 penalty units.

(2) Subsection (1) does not apply to the following explosives—

(a)an unrestricted firework;

(b)a distress signal on board a vehicle or boat;

(c)small arms ammunition and an explosive ingredient of small arms ammunition that is possessed by a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm that uses the ammunition.

s 45 amd 2010 SL No. 47 s 23

46Possession and initiation of particular explosives in public places prohibited

(1)A person must not, unless the person is authorised to do so under the Act or has a reasonable excuse, possess an explosive, other than an unrestricted firework, in a public place.

Maximum penalty—50 penalty units.

(2)A person must not, unless the person is authorised to do so under the Act or has a reasonable excuse, initiate an explosive, other than an unrestricted firework, in a public place.

Maximum penalty—200 penalty units.

47Explosives exempt from s 36 of Act

(1)An explosive is exempt from section 36 of the Act if the explosive is—

(a)part of the operational equipment of a prescribed vehicle; or

(b)a distress signal on board a prescribed vehicle.

Examples—

•an airbag in a vehicle

•a distress signal on board a boat as part of the boat’s safety equipment

(2)In this section—

prescribed vehicle means a vehicle or boat entering the State from another country or leaving the State for another country.

48Definition for div 2

In this division—

relevant holder means the holder of a licence to import explosives or a licence to export explosives.

49Condition of explosives

A relevant holder may bring an import explosive into the State from another country, or send an export explosive from the State to another country, only if—

(a)the holder is reasonably satisfied the explosive is in a safe condition for transportation; and

(b)the explosive has been classified; and

(c)the packaging of the explosive is marked with the correct classification code for the explosive; and

(d)the explosive is an authorised explosive; and

(e)the explosive is packaged, marked and labelled as required under—

(i)the Australian explosives code; or

(ii)the Australian dangerous goods code; and

(f)the holder can provide, on the request of an inspector, a safety data sheet for the explosive; and

(g)the holder has taken reasonable steps to ensure the explosive will function as it was designed to function.

Maximum penalty—50 penalty units.

s 49 amd 2010 SL No. 47 s 24; 2011 SL No. 240 s 795

50Notice of intention

A relevant holder must ensure an export explosive sent to another country, or an import explosive brought into the State, complies in all material respects with the details stated in the notice of intention given for the explosive under section 37 of the Act.

Maximum penalty—50 penalty units.

51Records

(1)A relevant holder must keep a record of each import explosive brought into the State from another country, and each export explosive sent from the State to another country, under the licence.

(2)The record must include each of the following—

(a)the name of the explosive;

(b)the amount of the explosive;

(c)the date the explosive was brought into the State or sent to the country;

(d)the name of the consignee and consignor of the explosive.

Maximum penalty—50 penalty units.

52Ensuring other persons are aware of obligations

A relevant holder must take reasonable steps to ensure an employee or contractor of the holder is aware of, and complies with, the requirements under the Act about bringing import explosives into the State from another country or sending export explosives from the State to another country.

Maximum penalty—50 penalty units.

53Making explosive available for inspection

A relevant holder must, on the request of an inspector, make an explosive brought into the State or sent to another country under the licence available for inspection by the inspector at a time and place reasonably required by the inspector.

Maximum penalty—50 penalty units.

54Handling explosive at port

A relevant holder must not send an export explosive from the State, or bring an import explosive into the State, at a port that does not have approved explosives limits.

Maximum penalty—100 penalty units.

55Definition for div 3

In this division—

relevant holder means the holder of a permit to import explosives or a permit to export explosives.

56Ensuring other persons are aware of obligations

A relevant holder must take reasonable steps to ensure an employee or contractor of the holder is aware of, and complies with, the requirements under the Act about bringing import explosives into the State from another country or sending export explosives from the State to another country.

Maximum penalty—50 penalty units.

57Making explosive available for inspection

A relevant holder must, on the request of an inspector, make an explosive brought into the State or sent to another country under the permit available for inspection by the inspector at a time and place reasonably required by the inspector.

Maximum penalty—50 penalty units.

58Application of div 4

This division applies to a port at which the following amounts of explosives are, or are proposed to be, handled at one time—

(a)for class 1, divisions 1.1, 1.2, 1.5 and 1.6 explosives—more than 250kg;

(b)for class 1, division 1.3 explosives—more than 2000kg;

(c)for a precursor—more than 25t;

(d)for explosives other than explosives mentioned in paragraphs (a) to (c)—more than 400t.

s 58 amd 2010 SL No. 47 s 25

59Definitions for div 4

In this division—

explosives limit see section 61 (a).

explosives limits document see section 61.

risk assessment process means a process for measuring the consequences and likelihood of a risk.

60Requirements for ports handling explosives

(1)The port authority or port operator responsible for a port must ensure—

(a)explosives are not handled at the port unless there are approved explosives limits for the port; and

(b)explosives are handled at the port as required under—

(i)the port’s approved explosives limits; and

(ii)AS 3846 or alternative safety measures for the standard.

Maximum penalty—100 penalty units.

(2)In this section—

AS 3846 means AS 3846—‘The handling and transport of dangerous cargoes in port areas’ (2005).

s 60 amd 2010 SL No. 47 s 26; 2010 Act No. 19 s 36

61Port authority or port operator to prepare explosives limits document

A port authority or port operator may prepare, and give to the chief inspector for approval, a written document (an explosives limits document), for a port for which the port authority or port operator is responsible, stating—

(a)for each class and division of explosives handled at the port—the maximum amount (the explosives limit), worked out using a risk assessment process, of explosives that may be handled safely at a berth within the port at one time; and

(b)details of the risk assessment process used.

s 61 amd 2010 Act No. 19 s 37

62How chief inspector must deal with explosives limits document

(1)The chief inspector must, as soon as practicable after receiving an explosives limits document from a port authority or port operator—

(a)approve, with or without changes or conditions, the explosives limits for the port stated in the explosives limits document; or

(b)refuse to approve the explosives limits.

(2)If the chief inspector decides to approve the limits, the chief inspector must, as soon as practicable, give the port authority or port operator—

(a)notice of the approved explosives limits for the port; and

(b)if the chief executive decides to approve the explosives limits with changes or conditions—an information notice about the decision.

(3)If the chief inspector decides to refuse to approve the explosives limits stated in the explosives limits document, the chief inspector must give the port authority or port operator an information notice about the decision.

s 62 amd 2009 Act No. 24 s 503; 2010 Act No. 19 s 38

63Changing approved explosives limits

(1)This section applies to a port authority or port operator responsible for a port for which explosives limits have been approved by the chief inspector under section 62.

(2)The port authority or port operator may prepare, and give to the chief inspector for approval, a new explosives limits document stating different explosives limits for the port.

(3)The chief inspector must deal with the document under section 62.

s 63 amd 2010 Act No. 19 s 39

64Chief inspector may impose interim explosives limits

(1)This section applies if—

(a)there are approved explosives limits for a port; and

(b)the chief inspector is reasonably satisfied the approved explosives limits are no longer appropriate for the port.

(2)The chief inspector may impose interim explosives limits for the port.

(3)If the chief inspector decides to impose interim explosives limits for the port, the chief inspector must give the port authority or port operator an information notice about the decision.

(4)An interim explosive limit may be changed by an explosive limit approved by the chief inspector under section 62.

s 64 amd 2009 Act No. 24 s 504; 2010 Act No. 19 s 40; 2012 SL No. 34 s 3

65Prescribed amount of explosive—Act, s 38(2)(a)

For section 38 (2) (a) of the Act, the smaller amount of 100g is prescribed.

66Prescribed explosives and conditions—Act, s 38(3)

(1)For section 38 (3) of the Act, the following explosives are prescribed—

(a)ANFO;

(b)a pyrotechnic substance.

(2)The prescribed conditions are—

(a)the holder of the authority to use the explosive must be an individual; and

(b)for ANFO—the ANFO must be manufactured as required under—

(i)AS 2187, part 2; or

(ii)alternative safety measures for the standard; and

(c)for a pyrotechnic substance—

(i)the pyrotechnic substance must be manufactured for immediate use by the holder as a special effect for film, theatrical or other entertainment purposes; and

(ii)the holder must be authorised to use the pyrotechnic substance.

s 66 amd 2006 SL No. 108 s 7

67Definition for div 2

In this division—

relevant holder means the holder of a licence to manufacture explosives.

68Manufacture of explosives

A relevant holder must—

(a)ensure an explosive manufactured under the licence is manufactured in a safe condition; and

(b)ensure the explosive is correctly classified; and

(c)ensure the packaging of the explosive is marked with the correct classification code for the explosive; and

(d)take reasonable steps to ensure the explosive will function as it was designed to function; and

(e)for an explosive that is a mixture of ammonium nitrate and fuel oil, with or without other substances—

(i)add a colouring agent that is soluble in the fuel oil before mixing the ammonium nitrate and fuel oil; and

(ii)ensure the explosive is manufactured as required under AS 2187, part 2 or alternative safety measures for the standard; and

(f)for an explosive that is or includes precursors—ensure the explosive is manufactured as required under the precursor code or alternative safety measures for the code; and

(g)for an explosive manufactured in a mobile manufacturing unit—ensure the explosive is manufactured as required under the mobile manufacturing code or alternative safety measures for the code.

Maximum penalty—50 penalty units.

s 68 amd 2012 SL No. 34 s 4

69Storage of explosives manufactured

A relevant holder must ensure explosives manufactured under the licence are stored in a secure way that—

(a)prevents the loss or theft of explosives; and

(b)enables missing explosives to be identified.

Maximum penalty—50 penalty units.

70Signage of explosives factory

(1)This section applies if a licence to manufacture explosives states a place, other than a mobile manufacturing unit, where explosives may be manufactured under the licence.

(2)The relevant holder must display each of the following signs at every entrance to the explosives factory, so the sign is clearly visible by a person approaching the entrance—

(a)a sign displaying the word ‘HAZCHEM’ legibly in red letters at least 100mm high;

(b)a classification sign for each explosive in the factory.

Maximum penalty—20 penalty units.

(3)The holder must display, at every entrance to a building within the factory, so the sign is clearly visible by a person approaching the entrance, a classification sign for each explosive in the building.

Maximum penalty—20 penalty units.

(4)However, the holder need not comply with subsection (3) for an explosive if—

(a)the explosive is stored in a tank inside the building; and

(b)the holder displays a classification sign for the explosive adjacent to, or on the exterior surface of, the tank.

71Persons to whom explosives may be supplied

A relevant holder must ensure an explosive manufactured under the licence is supplied only to a person who is authorised to possess the explosive.

Maximum penalty—50 penalty units.

72Documents to be kept

A relevant holder must ensure—

(a)a safety data sheet for an explosive manufactured under the licence is kept at the place where the explosive is manufactured; and

(b)if the licence states a place, including a mobile manufacturing unit, where explosives may be manufactured under the licence—the licence, or a copy of the licence, is kept at the place.

Maximum penalty—20 penalty units.

s 72 amd 2010 SL No. 47s 27; 2011 SL No. 240s 796

73Rules for conduct for persons in explosives factories

(1)A person in an explosives factory must—

(a)comply with—

(i)the lawful instructions of the holder of the licence to manufacture explosives in which the factory is stated as a place where explosives may be manufactured under the authority; and

(ii)the procedures under the holder’s safety management system for the factory to the extent the procedures apply to the person; and

(b)if the person becomes aware of a following matter, report the matter, immediately after the person becomes aware of it, to the holder—

(i)a dangerous situation in the factory;

(ii)a circumstance that has the potential to adversely affect the person’s ability to comply with instructions or procedures mentioned in paragraph (a);

(iii)an explosives incident happening in the factory.

Maximum penalty—50 penalty units.

(2)However, the person is not required to comply with subsection (1) (b) if the person has a reasonable excuse for not reporting the matter.

(3)The person must not, without reasonable excuse—

(a)wilfully remove, obscure or interfere with any of the following—

(i)a sign, notice or other written information about safety displayed or made available in the factory by the holder;

(ii)a label or marking on an explosive or its packaging; or

(b)act in a wilful or careless way that injures, or may injure, a person in the factory; or

(c)handle an explosive in the factory unless the person is authorised by the holder to handle the explosive.

Maximum penalty—50 penalty units.

74Explosives exempt from s 41 of Act

The following explosives are exempt from section 41 of the Act—

(a)an unrestricted firework;

(b)an explosive designed to activate an airbag, seatbelt, fire extinguisher or parachute;

(c)a distress signal;

(d)a power device cartridge;

(e)small arms ammunition sold by a person who is a licensed firearms dealer under the Weapons Act 1990 ;

(f)an explosive sold by a person (a service provider) authorised to use the explosive if—

(i)the service provider uses the explosive in the course of providing a service to another person; and

(ii)the person to whom explosive is sold does not possess the explosive at any time;

Examples—

•a blasting explosive used by the holder of a shotfirer licence in providing a blasting service to another person

•a firework used by the holder of a fireworks operator licence for a fireworks display

(g)an explosive sold by the chief inspector under section 110;

(h)collectors’ ammunition sold by a prescribed ammunition collector.

s 74 subsections (2)–(3) exp 30 June 2004 (see s 74 (3))

75Authorised persons to whom explosives may be sold

For section 42 (d) of the Act, the following are authorised persons to whom an explosive may be sold—

(a)for an explosive mentioned in section 74 (a) to (d)—any person;

(b)for small arms ammunition—

(i)a prescribed ammunition collector; and

(ii)a person who is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;

(c)for a propellant powder used to reload small arms ammunition—a person who is an adult and is licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;

(d)for an explosive used as an ingredient for manufacturing another explosive (the explosive product)—a person who is authorised to manufacture the explosive product;

(e)a fireworks contractor to whom the explosive may be sold under the conditions of the fireworks contractor licence.

s 75 amd 2006 SL No. 108 s 8; 2009 SL No. 73 s 9; 2010 SL No. 47 s 28

76Requirements about condition of explosives sold

(1)A person who sells an explosive, other than an unrestricted firework or small arms ammunition, must—

(a)package the explosive in—

(i)its original packaging; or

(ii)a package sufficiently durable to prevent the spillage of, or damage to, the explosive; and

(b)ensure the package is labelled with the correct classification code for the explosive.

Maximum penalty—50 penalty units.

(2)A person may sell an explosive only if—

(a)the person is reasonably satisfied the explosive is in a safe condition for transport and use; and

(b)the explosive is sold—

(i)before the expiry of the manufacturer’s recommended shelf life for the explosive; or

(ii)after the expiry of the manufacturer’s recommended shelf life for the explosive only with the written consent of the chief inspector; and

(c)the person has taken reasonable steps to ensure the explosive will function as it was designed to function.

Maximum penalty—100 penalty units.

77Exposing explosives for sale in shop window prohibited

(1)A person must not expose an explosive for sale in a shop window.

Maximum penalty—50 penalty units.

(2) Subsection (1) does not apply to an explosive mentioned in section 74 (a) to (e).

s 77 amd 2009 SL No. 73 s 10

78Employer’s obligations about employees engaged in selling explosives

For section 33 (2) of the Act, an employer must be reasonably satisfied an employee who has access to an explosive, other than an unrestricted firework, for the purpose of selling it is an adult.

78ARequirement to report suspect or unusual request to purchase security sensitive explosive

(1)This section applies if—

(a)the holder of a licence to sell explosives receives a request from someone else to purchase a security sensitive explosive, whether or not the other person is identified; and

(b)the request could reasonably give rise to a suspicion that—

(i)the proposed purchase or the use of the explosive after the proposed purchase may not comply with the Act; or

(ii)the proposed purchase is unusual.

(2)The holder must immediately give the chief inspector notice of all details the holder has of the request and the other person.

Maximum penalty—200 penalty units.

(3)The circumstances that could reasonably give rise to a suspicion under subsection (1) (b) include, but are not limited to, the following—

(a)a request for a cash sale;

(b)the amount of the explosive is unusual, having regard to relevant industry conventions;

(c)the stated proposed use of the explosive is unusual;

Example—

using blasting explosives for special effects like blowing up a car, outside relevant industry conventions

(d)the stated proposed location of the proposed use is unusual;

Examples—

•a proposed use of a large amount of a security sensitive explosive in a major commercial area

•a proposed use of a security sensitive explosive to blow up a car in a shopping centre

(e)the other person holds a licence of a particular type and the request is to purchase a security sensitive explosive for a purpose and use not allowed under that type of licence;

(f)the request shows an absence by the other person of a detailed knowledge of security sensitive explosives or the use of particular security sensitive explosives.

s 78A ins 2006 SL No. 108 s 9

78BRestriction on holder of licence selling security sensitive explosive to new client

(1)This section applies if the holder of a licence to sell explosives (the seller) proposes to—

(a)sell a security sensitive explosive to someone (the new client) to whom the seller has not previously sold a security sensitive explosive; or

(b)supply a security sensitive explosive to an employee mentioned in section 39 (1) (also the new client) if the new client’s employer is someone to whom the seller has not previously sold a security sensitive explosive.

Note—

Under section 39 (2), the employee is, in particular circumstances, taken to be the holder of particular authorities held by the employer.

(2)The seller must not sell or supply the explosive to the new client unless subsections (3) to (7) have been complied with.

Maximum penalty—200 penalty units.

(3)The seller must—

(a)obtain each of the following—

(i)the new client’s name and address (the personal details);

(ii)the new client’s telephone number or other electronic contact details;

(iii)a document that bears the new client’s signature signed in the seller’s presence or a certified copy of a document bearing the new client’s signature;

(iv)a signed statement by the new client about how the new client proposes to use the explosive (the proposed use);

(v)if the new client is an employee mentioned in section 39 (1)—

(A)written evidence of the matters mentioned in section 39 (1); and

(B)the telephone number or other electronic contact details of the new client’s employer (also the personal details); and

(b)obtain a certified copy of—

(i)documentary evidence confirming the personal details; and

Example of documentary evidence that may confirm the personal details—

a current driver’s licence held by the new client

(ii)the licence under the Act or the Weapons Act 1990 held by the new client that authorises the new client to purchase the explosive from the seller (the client’s licence); and

(c)make a written record (the client record) of—

(i)the personal details; and

(ii)the telephone number or other electronic contact details obtained; and

(iii)the following for each document obtained under paragraph (b)(i)—

(A)a description of its nature or type;

Example—

‘driver’s licence’

(B)any identifying number;

(C)any date of its issue;

(D)details that allow the person who apparently issued it to be identified; and

(iv)the type of the client’s licence and any expiry date stated on it.

(4)The documentary evidence obtained under subsection (3) (b) (i)—

(a)must not appear to have been forged or tampered with; and

(b)must include—

(i)a name and address that matches the name and address given by the new client; and

(ii)a signature that apparently matches the signature mentioned in subsection (3) (a) (iii); and

(iii)a photo of the new client.

(5)After complying with subsection (3), the seller must give the chief inspector—

(a)a request in the approved form asking the chief inspector to validate the new client’s identity and the client’s licence; and

(b)copies of the documents required to be obtained under subsection (3) and of the client record.

(6)The seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new client’s identity and the client’s licence.

(7) Subsections (5) and (6) do not apply if the explosive is propellant powder and the client’s licence is a licence under the Weapons Act 1990 that authorises the proposed use.

s 78B ins 2006 SL No. 108 s 9

78CRestriction on holder of licence selling security sensitive explosive to existing client

(1)This section applies if the holder of a licence to sell explosives (the seller) proposes to—

(a)sell a security sensitive explosive to someone (the client) to whom the seller has previously sold a security sensitive explosive; or

(b)supply a security sensitive explosive to an employee mentioned in section 39 (1) (also the client) if the client’s employer is someone to whom the seller has previously sold a security sensitive explosive.

(2)The seller must not sell or supply the explosive to the client unless the seller has previously complied with section 78B (2) for the client, as a new client under that section.

Maximum penalty—200 penalty units.

(3)Also, if—

(a)the client’s licence mentioned in section 78B (3) (b) (ii) expires; or

(b)the chief inspector gives the seller a notice that the client’s licence has been cancelled or suspended; or

(c)the client holds a licence different from the licence under which the seller previously sold the client explosives; or

(d)the client’s licence mentioned in section 78B (3) (b) (ii) has been renewed since the seller previously sold the client explosives;

the seller must not sell or supply the explosive to the client unless subsections (4) to (7) have been complied with.

Maximum penalty—200 penalty units.

(4)The seller must—

(a)obtain a certified copy of the licence under the Act or the Weapons Act 1990 held by the client that authorises the client to purchase the explosive from the seller (the new licence); and

(b)update the client record for the client made under section 78B (3) (c) to include the new licence and any expiry date stated on it.

(5)After complying with subsection (4), the seller must give the chief inspector—

(a)a request in the approved form asking the chief inspector to validate the new licence; and

(b)a copy of the certified copy of the new licence.

(6)The seller must not proceed with the proposed sale or supply unless the chief inspector gives the seller notice that the chief inspector has validated the new licence.

(7) Subsections (5) and (6) do not apply if the explosive is propellant powder and the new licence is a licence under the Weapons Act 1990 that authorises the proposed use.

s 78C ins 2006 SL No. 108 s 9

amd 2010 SL No. 47 s 29; 2012 SL No. 34 s 5

79Requirements for holder of licence to sell explosives

(1)The holder of a licence to sell explosives must—

(a)make a record of each explosive sold under the licence; and

(b)ensure the licence, or a copy of the licence, is kept at a place where explosives are sold under the licence.

Maximum penalty—50 penalty units.

(2)For subsection (1) (a), the record must include each of the following—

(a)the purchaser’s name;

(b)the amount and type of explosive sold;

(c)the date of sale;

(d)details of evidence produced by the purchaser to establish the purchaser’s authority to purchase the explosive;

(e)details of when and where the explosives were given to the purchaser.

(3)However, subsection (1) (a) does not apply to—

(a)an unrestricted firework; or

(b)small arms ammunition.

s 79 amd 2006 SL No. 108 s 10

79ARecord-keeping obligations of holder of licence to sell explosives

(1)This section applies to a person who holds a licence to sell explosives.

(2)The person must keep each record required to be made under section 78B (3) (c) or 79 or updated under section 78C (4) (b) for 5 years from when the record is made or updated.

Maximum penalty—200 penalty units.

(3) Subsection (2) continues to apply to the person even if the licence ends.

(4)The person must, within 7 days after the end of each month, give the chief inspector a copy of each record the person made under section 79 for that month.

Maximum penalty—200 penalty units.

(5)If the licence ends and is not renewed, subsection (4) ceases to apply to the person at the end of the second month after the licence ends.

s 79A ins 2006 SL No. 108 s 11

79BSecurity plan obligations of holder of licence to sell explosives

(1)The holder of a licence to sell explosives must—

(a)make a written security plan for security sensitive explosives sold or to be sold by the holder that complies with subsection (2); and

(b)comply with the plan, or any revision of the plan under subsection (3).

Maximum penalty—200 penalty units.

(2)The security plan must include processes that ensure—

(a)the explosives are kept secure; and

(b)the chain of possession of all of the explosives can be traced from the holder to their purchaser, at the place to which they were required to be delivered under the relevant contract; and

(c)the explosives are delivered to the purchaser; and

Example—

If the purchaser is an employer to whom section 42 applies, the security plan must ensure any individual to whom the explosives are delivered is authorised, under the employer’s safety management system, to have access to and receive them for the employer.

(d)records are kept that allow auditing of compliance with the plan.

Maximum penalty—200 penalty units.

(3)The holder must revise the security plan if an event happens that shows a security sensitive explosive sold by the holder has not been—

(a)kept secure; or

(b)able to be traced as mentioned in subsection (2) (b); or

(c)delivered to its purchaser.

Maximum penalty—200 penalty units.

(4)The holder must, as soon as practicable after making the security plan, give the chief inspector a copy of the plan.

Maximum penalty—200 penalty units.

(5)If the holder revises the security plan, the holder must give the chief inspector a copy of the revised security plan as soon as practicable after the chief inspector asks for a copy of the plan.

Maximum penalty—20 penalty units.

(6)In this section—

revise means amend or remake.

s 79B ins 2006 SL No. 108 s 11

amd 2010 SL No. 47 s 30

80Offences about purchasing explosives

(1)A person purchasing an explosive must not knowingly make, to the person selling the explosive, a false or misleading statement about the person’s identity or authority to purchase the explosive.

Maximum penalty—50 penalty units.

(2)A person must not, without reasonable excuse, purchase an explosive if the person knows, or ought reasonably to know, that the explosive may not lawfully be sold to the person.

Maximum penalty—20 penalty units.

(3)A person purchasing a security sensitive explosive must, as soon as practicable after receiving it, give the seller notice of its receipt.

Maximum penalty—200 penalty units.

s 80 amd 2006 SL No. 108 s 12

81Definition for pt 8

In this part—

sch 4 explosive means an explosive mentioned in schedule 4.

82Explosives and government entities exempt from s 44 of Act

(1)The following explosives are exempt from section 44 of the Act—

(a)a sch 4 explosive;

(b)collectors’ ammunition stored by a prescribed ammunition collector.

(2)A government magazine is exempt from section 44 of the Act.

83Application of div 2

This division does not apply to an explosive stored at a government magazine.

84Definitions for div 2

In this division—

required places, for a secured area, means—

(a)if the secured area is a drawer—on the outward facing surface of the drawer; or

(b)if the secured area is a cabinet—on the exterior surface of the cabinet; or

(c)if the secured area is a cupboard, room or another enclosure—at each entrance to the enclosure.

secure container means a spark-proof container that is kept closed at all times except when explosives are put into, or taken out of, the container.

secured area means a following place kept locked at all times when the place is not attended by a person—

(a)a drawer or cabinet; or

(b)a cupboard, room or another enclosure.

s 84 amd 2012 SL No. 34 s 6

85General requirements for storing sch 4 explosives

(1)A person storing a sch 4 explosive must comply with—

(a)the applicable requirements under sections 86 to 90; and

(b)to the extent it is not inconsistent with the requirements mentioned in paragraph (a)—subsection (2).

(2)The person must take reasonable care in storing the explosive to—

(a)prevent access to the explosive by a person who is not authorised to possess the explosive; and

(b)store the explosive in a place that best minimises the potential consequences of an explosives incident involving the explosive.

Maximum penalty—50 penalty units.

86Requirements for storing small arms ammunition and power device cartridges

(1)A person storing small arms ammunition or a power device cartridge—

(a)must store the explosive in its original packaging or in packaging or containers designed to protect the explosives individually and—

(i)in a secure container; or

(ii)on a shelf that is inaccessible to a person who is not authorised to possess the explosive; and

(b)must store the explosive in a secured area; and

(c)unless the person is authorised to do so under the Weapons Act 1990 , must not store the explosive in a secured area in which a firearm is stored; and

(d)if the person stores more than 10000 safety cartridges or power device cartridges in a secured area—must display, in the required places for the secured area, a classification sign for the cartridges stored in the secured area.

Maximum penalty—20 penalty units.

(2)In this section—

safety cartridge has the meaning given under AS 2187, part 0.

s 86 amd 2010 SL No. 47 s 31

87Requirements for storing distress signals in shop

A person storing a distress signal in a shop—

(a)must store the explosive in—

(i)its original packaging; and

(ii)a secure container; and

(b)must store the explosive in a secured area.

Maximum penalty—20 penalty units.

s 87 amd 2010 SL No. 47 s 32

88Requirements for storing particular fireworks

(1)A person storing a firework, other than an unrestricted firework—

(a)must store the explosive in—

(i)its original packaging; and

(ii)a secure container; and

(b)must not store the firework in an area accessible to persons not authorised to possess the explosive; and

(c)must store the firework in a secured area that is not, and is not part of, a building used wholly or partly as a dwelling or shop; and

(d)if the person stores more than 5kg (gross weight) of fireworks in a secured area—must display, in the required places for the secured area—

(i)a sign stating the word ‘Fireworks’ or ‘Explosives’, or a classification sign for the fireworks stored in the secured area; and

(ii)a sign stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area.

Maximum penalty—50 penalty units.

(2)However, the firework may be stored in a building used wholly or partly as a dwelling or shop with the written approval of the chief inspector.

89Requirements for storing propellant powder

A person storing a propellant powder must—

(a)store the explosive in—

(i)its original packaging; and

(ii)a secured area; and

(b)display, in the required places for the secured area, a sign—

(i)stating the word ‘Explosives’ or the words ‘Propellant powders’; and

(ii)stating the words ‘Keep fire away’ or otherwise indicating that sources of ignition are prohibited in or near the secured area; and

(c)if the person stores more than 15kg of propellant powder in a secured area—display, in the required places for the secured area, a classification sign for the explosives stored in the secured area.

Maximum penalty—50 penalty units.

s 89 amd 2010 SL No. 47 s 33

90Requirements for storing blasting explosives

A person storing a blasting explosive must—

(a)store the explosive in a secured area; and

(b)display, in the required places for the secured area—

(i)a sign stating the word ‘Explosives’; or

(ii)a classification sign for the explosives stored in the secured area.

Maximum penalty—50 penalty units.

91Definition for div 3

In this division—

relevant holder means the holder of—

(a)a licence to store explosives; or

(b)a permit to store explosives.

92Requirements for storage of explosives

A relevant holder must store an explosive, other than a sch 4 explosive, as required under—

(a)for a class 1 explosive—AS 2187, part 1; or

(b)for a precursor—the precursor code; or

(c)for security sensitive ammonium nitrates—‘Explosives information bulletin number 53—Storage requirements for security sensitive ammonium nitrate (SSAN)’, published by the chief inspector; or

Editor’s note—

Explosives information bulletins can be accessed on the department’s website at <www.deedi.qld.gov.au>.

(d)an alternative safety measure for paragraph (a), (b) or (c); or

(e)for an explosive other than an explosive mentioned in paragraph (a), (b) or (c)—a safety measure approved by the chief inspector for the explosive.

Maximum penalty—50 penalty units.

s 92 amd 2010 SL No. 47 s 34

93Authority must be kept at storage facility

A relevant holder must keep the holder’s authority, or a copy of the authority, at a storage facility for the authority.

Maximum penalty—20 penalty units.

94Explosives to be supplied only to authorised persons

A relevant holder must ensure an explosive supplied from a storage facility for the holder’s authority is supplied only to a person who is authorised to possess the explosive.

Maximum penalty—50 penalty units.

95Inspection of storage facility

(1)A relevant holder must ensure each of the following are inspected for compliance with the Act—

(a)a storage facility for the holder’s authority;

(b)the premises where the facility is located;

(c)the explosives stored in the storage facility.

(2)Inspections must be carried out at least once every 3 months.

(3)The relevant holder must keep a record of the inspections, stating the date of the inspection and any observations made.

Maximum penalty—50 penalty units.

96Records of explosives stored

(1)A relevant holder must keep a record of an explosive received at, or supplied to a person from, a storage facility for the holder’s authority.

Maximum penalty—50 penalty units.

(2)The record must include each of the following details—

(a)the type and amount of explosive received or supplied;

(b)the day and time of the receipt or supply;

(c)for an explosive supplied from the facility to a person—

(i)the name of the person to whom the explosive is supplied; and

(ii)details of the person’s authority to possess the explosive;

(d)the amount of explosives stored in the facility immediately after the receipt or supply.

(3)The relevant holder must ensure regular stocktakes of explosives stored in the facility are carried out to identify discrepancies in the records kept by the relevant holder under this section.

(4)If a discrepancy in the records is identified, the relevant holder must—

(a)ensure the discrepancy is properly investigated; and

(b)give to the chief inspector a written report stating each of the following—

(i)the discrepancy identified;

(ii)the findings of the investigation;

(iii)the measures taken to prevent the discrepancy happening again.

Maximum penalty—50 penalty units.

97Notification of changes to storage facility

(1)A relevant holder must give notice to the chief inspector of a material change to a storage facility for the holder’s authority, or the surrounding area of the facility, if the holder knows, or ought reasonably to know, that the change increases the risk associated with the facility.

(2)The notice must be given as soon as practicable after the change happens.

Maximum penalty—50 penalty units.

98Definitions for div 4

In this division—

applicant see section 103 (1).

magazine employee means a person employed to work in a government magazine.

relevant person, for payment of a fee charged by the chief inspector under section 107, means—

(a)the person who requested that—

(i)the explosive for which the fee is charged be stored at the government magazine; or

(ii)the activity for which the fee is charged be carried out at the government magazine; or

(b)if a notice for the explosive is given under subdivision 6 after the request was made—the person named in the notice as the person to whom the explosive was sold or transferred.

99Chief inspector may appoint manager of government magazine

(1)The chief inspector may appoint a person, with the person’s consent, to be the manager of a government magazine.

(2)The manager of a government magazine is responsible for each of the following—

(a)receiving explosives at the magazine;

(b)storing explosives at the magazine;

(c)inspecting and sampling explosives stored at the magazine;

(d)repackaging explosives stored at the magazine;

(e)supplying explosives from the magazine to persons.

100Requirements for manager of government magazine

The manager of a government magazine must do each of the following—

(a)comply with a direction given to the manager by the chief inspector;

(b)keep a record of each activity mentioned in section 99 (2);

(c)ensure the magazine, including a building, its premises and the equipment and tools in the building, is properly maintained and in a safe condition;

(d)be personally present at the magazine at all times during normal working hours, unless another person, approved by the chief inspector for this paragraph, is present at the magazine for the manager;

(e)take reasonable steps to ensure a magazine employee, or another person present in the magazine, complies with the Act;

(f)immediately report to the chief inspector—

(i)an explosives incident happening at the magazine; or

(ii)another incident happening at the magazine that injures, or has the potential to injure, a person.

s 100 amd 2010 SL No. 47 s 35

101Power of manager to inspect, sample and repackage explosives stored at government magazine

(1)The manager of a government magazine may do each of the following for an explosive stored at the government magazine—

(a)inspect and take samples of the explosive to decide whether it is—

(i)an authorised explosive; or

(ii)packaged and labelled as required under the Australian explosives code; or

(iii)in a safe condition for storage and transport;

(b)if subsection (2) applies—repackage the explosive.

(2)For subsection (1) (b), the manager may repackage an explosive if—

(a)the person for whom the explosive is stored consents to it being repackaged; and

(b)the manager is of the reasonable opinion that repackaging is necessary for the explosive to be—

(i)packaged and labelled as required under the Australian explosives code; and

(ii)in a safe condition for storage and transport.

102Entry to government magazine

A person must not enter a government magazine without the consent of—

(a)the manager of the magazine; or

(b)an inspector.

Maximum penalty—20 penalty units.

103Request to store explosive etc. at government magazine

(1)This section applies to a person (an applicant), other than the manager of a government magazine, who wishes to—

(a)have an explosive stored at the government magazine; or

(b)enter the government magazine and carry out an activity in relation to an explosive stored at the magazine for the person.

Examples of activities—

checking, sampling, relabelling and repackaging explosives

(2)The applicant must give notice, to the manager of the government magazine, requesting that the explosive be stored, or the activity be carried out, at the government magazine.

(3)This section does not apply to an inspector.

s 103 amd 2010 SL No. 47 s 36

104How manager must deal with request to store explosive etc.

(1)If the manager of a government magazine receives a request made under section 103, the manager must, as soon as practicable after receiving the request—

(a)decide whether to approve the request; and

(b)give the applicant a notice stating each of the following—

(i)whether the manager approves the request;

(ii)if the request is not approved—the reasons for the manager’s decision;

(iii)if the request is approved—the matters stated in subsection (2).

(2)For subsection (1) (b) (iii), the matters are each of the following—

(a)that an explosive stored at the magazine may be inspected and sampled by—

(i)the manager of the magazine under section 101; or

(ii)an inspector under the Act;

(b)that the applicant may carry out an activity at the government magazine in relation to the explosive only with the chief inspector’s consent;

(c)that the chief inspector may require, as a condition of consenting to the activity being carried out, that the activity be carried out under the supervision of the manager of the magazine, a magazine employee or an inspector;

(d)that before the explosive is stored, or the activity carried out, at the government magazine, the applicant must agree to pay, within 30 days of receiving an account or written demand for the fee, any fee charged by the chief inspector under section 107 for storing the explosive or supervising the activity;

(e)for a request to store an explosive—that the explosive must, unless an exemption is given by the chief inspector for section 105 (1) (d), be—

(i)properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and

(ii)in a safe condition for storage, handling and transport;

(f)the powers of the chief inspector under subdivision 5 if a fee mentioned in paragraph (d) is not paid.

(3)The manager may approve a request to store an explosive at the government magazine only if the manager is reasonably satisfied the explosive may be safely stored at the magazine.

s 104 amd 2012 SL No. 34 s 7

105Requirements for explosives stored at government magazine

(1)An explosive may be stored for an applicant at a government magazine only if—

(a)the manager of the government magazine has approved a request to store the explosive; and

(b)the applicant agrees to pay, within 30 days of receiving an account or written demand for the fee, any fee charged by the chief inspector under section 107 for storing the explosive; and

(c)the explosive is—

(i)an authorised explosive; or

(ii)an unauthorised or prohibited explosive for which the chief inspector has issued to the applicant an explosives trial approval for the storage of the explosive; and

(d)the explosive is—

(i)properly classified, packaged, marked and labelled as required under the Australian explosives code or the Australian dangerous goods code; and

(ii)in a safe condition for storage, handling and transport.

(2)However, subsection (1) (d) does not apply if an exemption is given for the subsection by the chief inspector.

(3) Subsections (1) (a), (b) and (c) do not apply to an explosive stored at the government magazine for an inspector.

s 105 amd 2010 SL No. 47 s 37; 2012 SL No. 34 s 8

106Requirements for activities carried out at government magazine

(1)An activity may be carried out by an applicant at a government magazine in relation to an explosive stored at the magazine only if—

(a)the chief inspector consents to the activity being carried out; and

(b)the manager of the government magazine has approved a request to carry out the activity at the magazine; and

(c)the applicant agrees to pay, within 30 days of receiving an account or written demand for the fee, any fee charged by the chief inspector under section 107 for supervision of the activity; and

(d)if the chief inspector requires, as a condition of approving a request to carry out the activity, that the activity must be carried out under the supervision of the manager of the magazine, a magazine employee or an inspector—the activity is supervised by the manager, a magazine employee or an inspector; and

(e)the manager has not been given a direction, by the chief inspector under section 108 (2) (b), to stop the activity.

Maximum penalty—20 penalty units.

(2) Subsection (1) does not apply to the disposal of an explosive at the government magazine by an inspector.

s 106 amd 2010 SL No. 47 s 38

107Chief inspector may charge fee for services provided at government magazine

(1)The chief inspector may charge a fee for—

(a)storing an explosive at a government magazine; or

(b)supervision, by the manager of the government magazine, a magazine employee or an inspector, of an activity carried out at the government magazine, in relation to an explosive stored at the magazine.

(2)The fee must not be more than the reasonable cost of storing the explosive or supervising the activity.

(3)A liability to pay the fee is enforceable jointly and severally against each of the following persons—

(a)the person for whom the explosive is stored at the government magazine when the fee becomes payable;

(b)a person who becomes the owner of the explosive before the fee is paid;

(c)the applicant who has asked to carry out an activity at the government magazine and who has agreed to pay a fee under section 106 (1) (c).

s 107 amd 2010 SL No. 47 s 39

108Powers of chief inspector if fee for storing explosive not paid

(1)This section applies if a fee charged under section 107 is not paid within 60 days after the relevant person for payment of the fee receives an account or written demand for the fee.

(2)The chief inspector may do any of the following—

(a)direct the manager of the government magazine at which the explosive is stored not to release the explosive from the magazine until the earlier of the following—

(i)the relevant person pays the fee;

(ii)the explosive is sold by the chief inspector under section 110;

(b)if the fee is for supervising an activity—direct the manager that the activity must stop immediately and not resume unless the person pays the fee;

(c)if the fee is for storing the explosive—sell the explosive under section 110 to recover the costs of storing the explosive at the magazine;

(d)dispose of the explosive.

109Requirements for chief inspector exercising powers

(1)If the chief inspector acts under section 108 (2) (a) or (b), the chief inspector must, as soon as practicable after acting, give the relevant person for payment of the fee a notice stating—

(a)the action taken and the reasons for taking the action; and

(b)the amount the person must pay for the explosive to be released from the magazine or the activity to resume.

(2)If the chief inspector decides to act under section 108 (2) (c) or (d), the chief inspector must, before taking the action, give the relevant person for payment of the fee an information notice stating—

(a)the action the chief inspector proposes to take; and

(b)the amount the relevant person must pay to prevent the action being taken; and

(c)the date, not being earlier than 28 days after the notice is given to the relevant person, after which the action may be taken if the amount is not paid.

s 109 amd 2009 Act No. 24 s 505; 2010 SL No. 47 s 40

110Sale of explosive to recover fee for storage

(1)The chief inspector may sell an explosive stored in a government magazine if—

(a)a fee charged under section 107 for storage of the explosive has not been paid; and

(b)the chief inspector has given an information notice, as required under section 109 (2), to the relevant person for payment of the fee stating that the chief inspector intends to sell the explosive; and

(c)the period allowed for an external review of the decision to sell the explosive has ended or the external review has been decided.

(2)The proceeds of the sale must be applied as follows—

(a)firstly, in payment of the expenses of the sale;

(b)secondly, in payment of the costs of storing the explosive;

(c)thirdly, in payment to the relevant person.

(3)An explosive may not be sold under this section if—

(a)after notice is given under section 109 (2), the chief inspector or the manager of the government magazine receives notice, under subdivision 6, of the sale or transfer of the explosive; and

(b)the person to whom the explosive has been sold or transferred is not the person to whom notice was given under section 109 (2).

s 110 amd 2009 SL No. 265 s 33

111Notice of transfer of ownership of explosive

(1)This section applies to a person—

(a)for whom an explosive is stored at a government magazine; and

(b)who sells or otherwise transfers the explosive, wholly or partly, to another person.

(2)The person must, immediately following the sale or transfer, give notice of the sale or transfer to—

(a)the chief inspector; or

(b)the manager of the magazine.

Maximum penalty—20 penalty units.

(3)The notice must include the name and contact details of the person to whom the explosive has been sold or transferred.

112Rules for conduct for persons in storage facility or government magazine

(1)A person in a storage facility for a licence to store explosives or a permit to store explosives, or a government magazine, including a person employed to work in the storage facility or government magazine, must—

(a)comply with—

(i)the lawful instructions of a prescribed person; and

(ii)for a storage facility—the procedures under the holder’s safety management system for the storage facility to the extent the procedures apply to the person; and

(iii)for a government magazine—the government magazine’s procedures for handling explosives to the extent the procedures apply to the person; and

(b)if the person becomes aware of a following matter, report the matter, immediately after the person becomes aware of it, to a prescribed person—

(i)a dangerous situation in the storage facility or government magazine;

(ii)a circumstance that has the potential to adversely affect the person’s ability to comply with instructions or procedures mentioned in paragraph (a);

(iii)an explosives incident happening at the storage facility or government magazine.

Maximum penalty—50 penalty units.

(2)However, the person is not required to comply with subsection (1) (b) if the person has a reasonable excuse for not reporting the matter.

(3)The person must not, without reasonable excuse—

(a)wilfully remove, obscure or interfere with any of the following—

(i)a sign, notice or other written information about safety displayed or made available in the storage facility or government magazine by a prescribed person;

(ii)a label or marking on an explosive or its packaging; or

(b)act in a wilful or careless way that injures, or has the potential to injure, a person in the storage facility or government magazine; or

(c)handle an explosive in the storage facility or government magazine unless the person is authorised by a prescribed person to handle the explosive.

Maximum penalty—50 penalty units.

(4)In this section—

prescribed person means—

(a)for a government magazine—

(i)the manager of the government magazine; or

(ii)an inspector; and

(b)for a storage facility—the holder of the relevant licence to store explosives or permit to store explosives.

113Explosives exempt from s 50 (1) of Act

The following explosives are exempt from section 50 (1) of the Act—

(a)an explosive that is part of the operational equipment of a vehicle or boat;

(b)a distress signal on board a vehicle or boat.

Examples—

•an airbag in a vehicle

•a distress signal on board a boat that is part of the boat’s safety equipment

s 113 subsections (2)–(3) exp 30 June 2004 (see s 113 (3))

114General requirements for transporting explosives

(1)For section 50 (2) (a) of the Act, a person transporting an explosive in a vehicle or boat must comply with—

(a)for a class 1 explosive—the Australian explosives code; or

(b)for a class 2 to 9 explosive—the Australian dangerous goods code; or

(c)for another explosive—any conditions of the person’s licence to transport explosives.

(2)However, a person transporting an explosive in a mobile manufacturing unit must comply with the mobile manufacturing code.

s 114 amd 2008 SL No. 427 s 253 sch 3; 2010 SL No. 47 s 41

115Requirements for consignors and consignees of explosives

(1)This section applies to a person who is the consignor and consignee of an explosive—

(a)mentioned in section 114 (1) (a) or (b); and

(b)that is transported by vehicle or boat.

(2)The person must comply with section 114 (1) (a) or (b).

Maximum penalty—50 penalty units.

116Explosives that may be transported under s 50(3) of Act

(1)For section 50 (3) of the Act, the following amounts are prescribed—

(a)for an explosive mentioned in schedule 5 (a sch 5 explosive)—

(i)the maximum amount stated for the explosive in the schedule; or

(ii)if no maximum amount is stated in the schedule for the explosive—any amount;

(b)for an explosive, other than an excluded explosive, transported by a person who is authorised to use the explosive—

(i)if a condition of the authority states a maximum amount that may be transported under the authority—the maximum amount; or

(ii)otherwise—250kg;

(c)for an explosive, other than an excluded explosive, transported in a place that is not a public place by a person who is authorised to possess the explosive—any amount;

(d)for collectors’ ammunition transported by a prescribed ammunition collector—any amount.

(2)In this section—

excluded explosive means—

(a)an unauthorised or prohibited explosive; or

(b)a sch 5 explosive.

s 116 amd 2010 SL No. 47 s 42

117Requirements for explosives transported under s 50(3) of Act

(1)A person transporting an explosive mentioned in section 116 (1) (a) or (b) must comply with section 114 (1) (a), (b) or (c).

(2)A person transporting an explosive mentioned in section 116 (1) (c) must comply with—

(a) section 114 (1) (a), (b) or (c); or

(b)alternative safety measures for the section.

(3)For subsection (2) (b), the person’s alternative safety measures must provide for each of the following matters—

(a)the packaging of an explosive for transport;

(b)the design of a vehicle or boat, including a compartment in the vehicle or boat, used to transport explosives;

(c)the marking of—

(i)an explosive being transported; and

(ii)a vehicle or boat, including a compartment in a vehicle or boat, used to transport explosives;

(d)the storage and security of explosives during transport, including the separation of different types of explosives;

(e)limiting the amount of explosives that may be transported in a vehicle or boat;

(f)procedures to minimise the probability and consequences of an explosives incident happening while explosives are transported, including requirements about each of the following—

(i)the required competence for the driver of a vehicle or boat transporting explosives;

(ii)the required response of the driver if an explosives incident happens;

(iii)areas where explosives can not be safely stored for transport;

(iv)temporary storage or holding areas for explosives before or after transportation.

s 117 amd 2009 SL No. 73 s 11; 2010 SL No. 47 s 43

118Requirements for holder of licence to transport explosives

The holder of a licence to transport explosives must keep the licence, or a copy of the licence, in a vehicle or boat in which explosives are transported under the licence.

Maximum penalty—20 penalty units.

119Rules of conduct for employees of holder of licence to transport explosives

(1)A person who is employed by the holder of a licence to transport explosives must—

(a)comply with—

(i)lawful instructions or notices given to the person by the holder; and

(ii)the procedures under the holder’s safety management system to the extent the procedures are relevant to the person; and

(b)if the person becomes aware of a following matter, report the matter, immediately after the person becomes aware of it, to the holder—

(i)a dangerous situation in connection with the transportation of explosives;

(ii)a circumstance that has the potential to adversely affect the person’s ability to comply with instructions, notices or procedures mentioned in paragraph (a);

(iii)an explosives incident happening in connection with the transportation of explosives.

Maximum penalty—50 penalty units.

(2)However, the person is not required to comply with subsection (1) (b) if the person has a reasonable excuse for not reporting the matter.

(3)The person must not, without reasonable excuse—

(a)wilfully remove, obscure or interfere with any of the following—

(i)a sign about safety displayed on a vehicle or boat used for transporting explosives;

(ii)a label or marking on an explosive or its packaging;

(iii)other information about safety in relation to transporting explosives provided to a person by the holder; or

(b)act in a wilful or careless way that injures, or may injure, a person in or near a vehicle or boat carrying explosives; or

(c)handle an explosive unless the person is authorised by the holder to handle the explosive.

Maximum penalty—50 penalty units.

s 119 amd 2010 SL No. 47 s 44; 2012 SL No. 34 s 9

120Explosives for which authority to use not required

(1)For section 53 (2) of the Act, the following explosives are prescribed—

(a)an unrestricted firework;

(b)small arms ammunition used by a person licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;

(c)a power device cartridge;

(d)an explosive designed to activate an airbag, seatbelt, fire extinguisher, parachute or another safety device listed in a register of safety devices kept by the chief inspector;

Editor’s note—

The register of safety devices may be inspected at the department’s office at 61 Mary Street, Brisbane.

(e)an electric match;

(f)a safety fuse or igniter;

(g)black powder used as a propellant for a firearm by a person licensed or otherwise authorised under the Weapons Act 1990 to use a firearm;

Example of use of black powder as a propellant—

black powder used in a cannon

(h)a distress signal used in an emergency situation.

(2) Subsection (1) applies only if the explosive is used for the purpose for which it was manufactured.

s 120 amd 2010 SL No. 47 s 45

121Requirement for holders of particular authorities authorising use of explosives

(1)This section applies to a prescribed holder who employs another person to assist the holder in carrying out activities under the holder’s licence.

Example—

a fireworks contractor who employs a person to assist the fireworks contractor in organising fireworks displays

(2)For section 33 (2) of the Act, the holder must be reasonably satisfied the employee—

(a)is an adult; and

(b)has received adequate training in the hazards associated with the handling of prescribed explosives; and

(c)has satisfactory knowledge of the requirements under the Act about the handling of prescribed explosives; and

(d)is competent to assist the holder in carrying out the activities; and

(e)is, in all the circumstances, an appropriate person to have access to prescribed explosives.

(3)In this section—

prescribed explosives means—

(a)if the prescribed holder is a fireworks contractor or a fireworks operator—fireworks; or

(b)for another prescribed holder—explosives.

prescribed holder means the holder of a following authority—

(a)a licence to use explosives;

(b)a fireworks contractor licence;

(c)a fireworks operator licence.

122Definitions for div 2

In this division—

prescribed shotfirer means—

(a)the holder of a shotfirer licence; and

(b)a person appointed as a shotfirer for a mine by the site senior executive or underground mine manager of the mine.

def prescribed shotfirer amd 2010 SL No. 47 s 46 (1)

site senior executive, of a mine—

(a)for a coal mine within the meaning of the Coal Mining Safety and Health Act 1999 —has the meaning given by section 25 of that Act; or

(b)for another mine, including a quarry—has the meaning given by the Mining and Quarrying Safety and Health Act 1999 , section 22.

underground mine means—

(a)for a coal mine within the meaning of the Coal Mining Safety and Health Act 1999 —has the meaning given by schedule 3 of that Act; or

(b)for another mine, including a quarry—has the meaning given by the Mining and Quarrying Safety and Health Act 1999 , schedule 2.

def underground mine ins 2010 SL No. 47 s 46 (2)

underground mine manager, of an underground mine, means a person appointed by the site senior executive of the mine to control and manage the mine.

def underground mine manager ins 2010 SL No. 47 s 46 (2)

123Particular blasting explosives prescribed for s 53(2) of Act

For section 53 (2) of the Act, a blasting explosive used by a following person is prescribed—

(a)a person who is appointed as a shotfirer for a mine by the site senior executive or underground mine manager of the mine;

(b)a person who is in the presence and under the direct supervision of a prescribed shotfirer.

s 123 amd 2010 SL No. 47 s 47

124Persons who may be appointed as shotfirer for a mine

The site senior executive or an underground mine manager of a mine must not appoint a person as a shotfirer for the mine unless the site senior executive or underground mine manager is reasonably satisfied the person meets the criteria stated in section 35 (1) (a) to (e).

Maximum penalty—50 penalty units.

s 124 amd 2010 SL No. 47 s 48

125Persons who may use blasting explosives under supervision

(1)A person (a supervised person) who does not hold an authority authorising the person to use blasting explosives may use a blasting explosive in the presence and under the direct supervision of a prescribed shotfirer.

(2)However, the prescribed person must not allow the supervised person to use the explosive unless the prescribed person is satisfied the supervised person—

(a)is an adult; and

(b)is physically able to carry out blasting activities; and

(c)has satisfactory knowledge of—

(i)the requirements under the Act about storage, transport, manufacture, sale and use of explosives; and

(ii)the hazards associated with each type of blasting explosive, its blasting characteristics, safe handling procedures and methods of use.

Maximum penalty—50 penalty units.

(3)In this section—

prescribed person means—

(a)if the prescribed shotfirer is the holder of a shotfirer licence—the holder; or

(b)if the prescribed shotfirer is a person appointed as a shotfirer for a mine—the site senior executive or underground mine manager of the mine.

s 125 amd 2010 SL No. 47 s 49

126Use of blasting explosives

A prescribed shotfirer must—

(a)use a blasting explosive as required under—

(i)AS 2187, part 2; or

(ii)alternative safety measures for the standard; and

(b)take all reasonable steps to—

(i)prevent misfires; and

(ii)minimise the risk associated with material projected by a blast; and

(iii)minimise the adverse effects of ground vibration and shock waves caused by a blast; and

(iv)ensure the security of an explosive used in blasting activities; and

(c)not use an explosive after the expiry of the manufacturer’s recommended shelf life for the explosive unless the explosive was sold to the shotfirer after the expiry under section 76 (2) (b) (ii).

Maximum penalty—100 penalty units.

s 126 amd 2010 SL No. 47 s 50

127Records

A prescribed shotfirer must—

(a)keep a record of the amount and type of explosives purchased and used by the shotfirer; and

(b)keep, as required under AS 2187, part 2, a record of each blast carried out by the shotfirer.

Maximum penalty—50 penalty units.

128Notice of proposed blasting

(1)The holder of a shotfirer licence must give notice to an inspector of a proposed blasting, other than a blasting at a mine or explosives factory.

(2)The notice must be given at least 7 days before the blasting.

(3)The notice must include each of the following—

(a)the holder’s name and licence number;

(b)the location of the proposed blasting, including the approximate distance to any protected works, within the meaning of AS 2187, part 0, within 1km of the location;

Examples of protected works—

houses, buildings, roads and railway tracks

(c)the day or days on which the proposed blasting will happen;

(d)a copy of any written authority for the blasting issued by the local government in whose local government area the blasting will happen.

Maximum penalty—50 penalty units.

129Application of div 3

(1)This division applies to an indoor or outdoor display of fireworks (a fireworks display) staged for entertainment.

(2)However, this division does not apply if only unrestricted fireworks are used in the display.

130Display hosts

(1)The display host for a fireworks display is the person who employs or otherwise engages a fireworks contractor to organise the fireworks display for the person.

(2)A display host must comply with the requirements stated in subdivision 2.

131Fireworks contractors

(1)The fireworks contractor for a fireworks display is the person who is—

(a)a fireworks contractor; and

(b)employed or otherwise engaged by the display host for the fireworks display to organise the fireworks display.

(2)Organising a fireworks display involves each of the following—

(a)planning and designing the fireworks display for the display host;

(b)advising the display host about safety requirements for the fireworks display;

(c)employing or otherwise engaging 1 or more fireworks operators to use fireworks in the fireworks display;

(d)purchasing or otherwise obtaining fireworks for use in the fireworks display, and supplying the fireworks to the fireworks operators for the fireworks display;

(e)directing the fireworks operators about using fireworks in the fireworks display.

(3)Also, a fireworks contractor is required to establish a safety management system for organising fireworks displays.

(4)A fireworks contractor must comply with the requirements stated in subdivision 3.

s 131 amd 2010 SL No. 47 s 51

132Prohibition on organising fireworks displays

A person must not organise a fireworks display unless the person is a fireworks contractor.

Maximum penalty—100 penalty units.

133False representations about fireworks contractor licence

A person must not intentionally or recklessly falsely represent that the person is the holder of a fireworks contractor licence.

Maximum penalty—100 penalty units.

134Fireworks operators

(1)A fireworks operator for a fireworks display is a person employed or otherwise engaged by the fireworks contractor for the fireworks display to use fireworks in the fireworks display.

(2)Using fireworks in a fireworks display involves each of the following—

(a)assembling the fireworks and equipment to be used in the fireworks display;

(b)discharging the fireworks during the fireworks display;

(c)disassembling the equipment after the fireworks display.

(3)A fireworks operator must comply with the requirements stated in subdivision 4.

135Prohibition on using fireworks in fireworks displays

A person must not use a firework, other than an unrestricted firework, in a fireworks display unless the person is a fireworks operator who is authorised to use the firework.

Maximum penalty—100 penalty units.

136Safety requirements for fireworks displays

The safety requirements for a fireworks display are—

(a)for an outdoor fireworks display—

(i)the requirements stated in the Queensland fireworks code; or

(ii)alternative safety measures for the code; or

(b)for another fireworks display—any condition of—

(i)the fireworks contractor licence of the fireworks contractor for the fireworks display; and

(ii)the fireworks operator licence of a fireworks operator for the fireworks display.

137Prohibition on allowing unsafe fireworks display to be staged

The display host for a fireworks display must not allow the fireworks display to be staged if the display host knows, or ought reasonably to know, that the fireworks display will not comply with the safety requirements for the fireworks display.

Maximum penalty—200 penalty units.

138Notice of explosives incident to be given to chief inspector

The display host for a fireworks display must, as soon as practicable after the fireworks display has been staged, give the chief inspector notice of an explosives incident happening in connection with the fireworks display.

Maximum penalty—50 penalty units.

139Public risk insurance

(1)The fireworks contractor for a fireworks display must maintain public risk insurance for the fireworks display.

Maximum penalty—50 penalty units.

(2)The insurance must provide coverage—

(a)for amounts the fireworks contractor becomes liable to pay as a result of the display for—

(i)compensation for death and bodily injury; and

(ii)damage to property; and

(b)to the extent of at least $5,000,000 for the fireworks display.

(3)However, the fireworks contractor need not comply with subsection (1) if the display host for the fireworks display maintains public risk insurance that—

(a)provides coverage for amounts the display host becomes liable to pay as a result of the fireworks display; and

(b)otherwise complies with subsection (2).

140Fireworks contractor’s obligations about safety of fireworks display

(1)The fireworks contractor for a fireworks display must, before the fireworks display is staged, give notice to the display host for the fireworks display.

Maximum penalty—50 penalty units.

(2)The notice must state that—

(a)the fireworks display must comply with the safety requirements for the fireworks display; and

(b)the display host commits an offence if—

(i)the display host allows the fireworks display to be staged; and

(ii)the display host knows, or ought reasonably to know, that the fireworks display will not comply with the safety requirements.

(3)The fireworks contractor must ensure the fireworks display meets the safety requirements.

Maximum penalty—200 penalty units.

141Notice of fireworks display to be given to inspector

(1)The fireworks contractor for a fireworks display must give notice, in the approved form, to an inspector at least 7 days before the fireworks display is staged.

Maximum penalty—50 penalty units.

(2)The notice must include each of the following—

(a)the proposed day, time and duration of the fireworks display;

(b)details of the place from which the fireworks display is to be staged;

(c)details of the fireworks to be used in the fireworks display;

Examples of details of fireworks—

•the size of the fireworks

•whether the fireworks are ground level fireworks or aerial fireworks

•whether the fireworks are close proximity fireworks

(d)the name of the person from whom the fireworks contractor obtained, or will obtain, the fireworks;

(e)the name and licence number of each fireworks operator for the fireworks display;

(f)details of the public risk insurance held for the fireworks display, including each of the following—

(i)the name of the insurer;

(ii)the name of the insured party;

(iii)the policy number.

(3)The fireworks contractor must ensure the fireworks display is staged in accordance with the details stated in the notice.

Maximum penalty—200 penalty units.

142Notice of fireworks display to be given to emergency services etc.

The fireworks contractor for a fireworks display must, before the fireworks display is staged, give notice of the fireworks display to—

(a)the Queensland Fire and Rescue Service; and

(b)any other person to whom notice of the fireworks display must be given under the Queensland fireworks code.

Examples of other persons—

the harbour master, air traffic control and the police

Maximum penalty—50 penalty units.

143Notice to be given to inspector after fireworks display

(1)The fireworks contractor for a fireworks display must, within 7 days after the day the fireworks display is staged, give notice about the fireworks display to the relevant inspector.

Maximum penalty—50 penalty units.

(2)The notice must—

(a)be in the approved form; and

(b)include details of—

(i)a malfunction of a firework during the fireworks display; and

(ii)an explosives incident, or another unusual incident involving a firework, happening in connection with the fireworks display.

(3)In this section—

relevant inspector means the inspector to whom notice of the fireworks display was given under section 141.

144Safety of fireworks supplied to fireworks operator

The fireworks contractor for a fireworks display must not supply a firework to a fireworks operator for use in the fireworks display unless the fireworks contractor has taken reasonable steps to ensure the firework will function as it was designed to function.

Maximum penalty—100 penalty units.

145Records

(1)A fireworks contractor must—

(a)keep, as required under the Queensland fireworks code, a record of each fireworks display organised by the fireworks contractor; and

(b)keep a record of each firework—

(i)purchased or otherwise obtained by the fireworks contractor; and

(ii)sold by the fireworks contractor.

Maximum penalty—20 penalty units.

(2)The record mentioned in subsection (1) (b) must be kept so—

(a)the amount and type of fireworks in the fireworks contractor’s possession at a particular time can be worked out; and

(b)a loss or theft of fireworks by or from the fireworks contractor can be identified.

146Use of fireworks

(1)A fireworks operator must not use a firework in a fireworks display unless—

(a)the fireworks display is organised by a fireworks contractor; and

(b)the firework is supplied to the fireworks operator by the fireworks contractor; and

(c)the fireworks operator has taken reasonable steps to ensure the firework will function as it was designed to function.

Maximum penalty—50 penalty units.

(2)The fireworks operator must—

(a)use a firework as required under the Queensland fireworks code; and

(b)comply with a lawful instruction given to the fireworks operator by the fireworks contractor; and

(c)take reasonable steps to ensure a person employed by the fireworks operator, or a person otherwise engaged in using fireworks on behalf of the fireworks operator, complies with the Act and the conditions of the fireworks operator’s authority.

Maximum penalty—50 penalty units.

pt 10A (ss 146A–146G) ins 2008 SL No. 317 s 8

146ADefinitions for pt 10A

In this part—

explosives worker means any of the following persons—

(a)an individual who is the holder of an authority;

(b)an individual who is a partner in the partnership that is the holder of an authority;

(c)an employee of, or a contractor engaged by, the holder of an authority;

(d)an employee of a contractor who is engaged by the holder of an authority.

safety and health census see section 146C (1).

safety and health fee see section 146B (1).

pt 10A (ss 146A–146G) ins 2008 SL No. 317 s 8

146BPayment of safety and health fee

(1)The holder of an authority must pay a fee (a safety and health fee) to cover the cost of the department’s activities carried out for the purposes of safety and health for explosives during each financial year.

(2)The amount of the safety and health fee is—

(a)if the number of explosives workers working under the authority during the financial year is more than 5 but not more than 10—$103.50 for each explosives worker working under the authority during the financial year; or

(b)if the number of explosives workers working under the authority during the financial year is more than 10—$822 for each explosives worker working under the authority during the financial year.

(3)The amount of the safety and health fee must be worked out using information included in each safety and health census given to the chief executive by the holder of the authority under section 146C for the financial year.

(4)The chief executive must give the holder of the authority an invoice for the amount of the safety and health fee on or before 10 October after the end of the financial year.

(5)The amount of the safety and health fee must be paid by the holder of the authority on or before 31 October after the end of the financial year.

Maximum penalty—100 penalty units.

pt 10A (ss 146A–146G) ins 2008 SL No. 317 s 8

s 146B amd 2010 SL No. 263 s 5: 2015 SL No. 39 s 12

146CSafety and health census to be given at the end of each quarter

(1)The holder of an authority must give the chief executive, within 20 days after the end of each quarter, a written notice (a safety and health census) stating the number of explosives workers working under the authority during the quarter.

Maximum penalty—100 penalty units.

(2)Despite subsection (1), the holder of the authority may give the safety and health census after the period mentioned in the subsection ends if, before the period ends—

(a)the holder of the authority applies to the chief executive in writing to extend the period to give the safety and health census; and

(b)the chief executive gives the holder of the authority a written notice stating that the holder of the authority may give the safety and health census before the end of a day stated in the notice for that purpose.

(3)If the holder of the authority is given written notice under subsection (2) (b), the holder of the authority must give the chief executive the safety and health census before the end of the day stated in the notice for giving the census.

Maximum penalty—100 penalty units.

(4)The safety and health census must be in the approved form.

pt 10A (ss 146A–146G) ins 2008 SL No. 317 s 8

146DNotice may be given if safety and health census not given or is inadequate

(1)This section applies if the chief executive reasonably believes, based on information available to the chief executive, that a holder of an authority—

(a)has not given a safety and health census under section 146C; or

(b)has given an incomplete safety and health census; or

(c)has given a safety and health census containing information that is incorrect.

(2)The chief executive may give the holder of the authority a notice—

(a)stating each of the following—

(i)the ground mentioned in subsection (1) (a), (b) or (c) on which the chief executive reasonably believes this section applies in relation to the holder of the authority;

(ii)if the ground is the ground mentioned in subsection (1) (c)—the information the chief executive reasonably believes is incorrect;

(iii)the amount of the safety and health fee the chief executive reasonably believes is payable by the holder of the authority;

(iv)the facts and circumstances forming the basis for the beliefs mentioned in subparagraphs (i) to (iii); and

(b)inviting the holder of the authority to give the chief executive, within the reasonable period stated in the notice, a submission as to why the holder of the authority should not be invoiced for the amount mentioned in paragraph (a)(iii).

(3)The chief executive must consider any submissions given by the holder of the authority within the period stated in the notice.

(4)If, after complying with subsection (3), the chief executive is satisfied an amount of a safety and health fee is payable by the holder of the authority, the chief executive may give the holder of the authority an invoice for the fee.

(5) Subsection (4) applies even if the holder of the authority has already been given an invoice for, or paid, a different amount for the fee.

(6)The holder of the authority must pay the amount of the safety and health fee stated in the invoice within 30 days after receiving the invoice.

pt 10A (ss 146A–146G) ins 2008 SL No. 317 s 8

146EFee for late safety and health census

(1)This section applies if a holder of an authority does not give a safety and health census for a quarter before either of the following days—

(a)if the chief executive has given the holder of the authority a written notice mentioned in section 146C (2) (b)—the day after the day stated in the notice for giving the safety and health census;

(b)otherwise—the day that is 21 days after the end of the quarter.

(2)The obligation under section 146C to give a safety and health census continues to apply until that section is complied with.

(3)A late fee of $103.50 applies and is payable as well as any penalty imposed under section 146C (1) or (3).

pt 10A (ss 146A–146G) ins 2008 SL No. 317 s 8

s 146E amd 2015 SL No. 39 s 13

146FUnpaid fees

(1)This section applies if the holder of an authority does not pay any amount of a safety and health fee under section 146B or 146D.

(2)The holder of the authority must pay interest on the unpaid amount at the rate of 15%.

(3)The interest must be calculated as simple interest.

(4)The unpaid amount, and any interest payable on the unpaid amount, may be recovered by the chief executive as a debt.

pt 10A (ss 146A–146G) ins 2008 SL No. 317 s 8

146GRefund of overpayment of safety and health fee

(1)If a safety and health fee is overpaid by a holder of an authority, the chief executive must refund the amount of the overpayment to the holder of the authority.

(2)No interest is payable on the amount refunded.

pt 10A (ss 146A–146G) ins 2008 SL No. 317 s 8

pt 10B (s 146H) ins 2010 SL No. 47 s 52

146HDuties of licence holders transporting particular explosives

(1)The chief inspector may, by written notice, require a person who holds a licence to transport explosives to produce written evidence that a vehicle or boat used, or that an inspector reasonably believes may be used, to transport a category 2 load, a category 3 load or a placard load is covered by a policy of insurance.

(2)A policy of insurance is a policy of insurance or other form of indemnity for at least the prescribed sum for the matters mentioned in the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 , section 221 (1) (a) (i) and (ii) (the relevant provisions).

(3)For subsection (2), a reference to dangerous goods in the relevant provisions is taken to be a reference to an explosive.

(4)The person must produce the evidence to the chief inspector within 14 days after the day the notice is given.

Maximum penalty—15 penalty units.

(5)In this section—

category 2 load means a load of explosives of risk category 2, defined under the Australian explosives code, table 2.1.

category 3 load means a load of explosives of risk category 3, defined under the Australian explosives code, table 2.1.

placard load means a load of explosives that must be placarded under the Transport Operations (Road Use Management—Dangerous Goods) Regulation 2008 , section 83.

prescribed sum means—

(a)for a category 2 load—$2.5m; or

(b)for a category 3 load or placard load—$5m.

pt 10B (s 146H) ins 2010 SL No. 47 s 52

147Collectors must be able to demonstrate particular ammunition is free from explosive material

A prescribed ammunition collector and the holder of a licence to collect ammunition must, on the request of an inspector, demonstrate to the inspector’s reasonable satisfaction that collectors’ ammunition, other than small arms ammunition, possessed by the person is free from explosive material.

Maximum penalty—20 penalty units.

148Approval by chief inspector of collectors associations

(1)An association may apply to the chief inspector for approval as an approved collectors association.

(2)The chief inspector may approve the association if the chief inspector is reasonably satisfied the association—

(a)keeps a record of the name and address of each member of the association; and

(b)sends written correspondence to all its members at least once a year; and

(c)will, with the consent of the association’s members, make the names and addresses of its members available to the chief inspector on request.

(3)The chief inspector must, as soon as practicable after deciding whether to approve the association, give the association—

(a)if the chief inspector decides to approve the association—notice of the decision and the reasons for it; or

(b)if the chief inspector decides not to approve the association—an information notice about the decision.

s 148 amd 2009 Act No. 24 s 506

149Period for keeping records

A person who is required under this regulation or a safety management system to keep a record must keep it until 5 years have elapsed after the record was made or obtained.

150Person not relieved of obligation merely because other person has same obligation

To remove doubt, it is declared that the imposition under this regulation of an obligation on a person does not relieve another person of the other person’s obligation under this regulation.

151Prohibition on giving explosives to unauthorised persons

A person must not, without reasonable excuse, give or hand over an explosive to another person who is not authorised to possess the explosive.

Maximum penalty—

(a)if the explosive is a blasting explosive—200 penalty units; or

(b)in any other case—50 penalty units.

152False or misleading information in application for authority

(1)A person must not—

(a)state anything in an application for the issue of an authority the person knows is false or misleading in a material particular; or

(b)omit from an application for the issue of an authority anything without which the application is, to the person’s knowledge, misleading in a material particular.

Maximum penalty—50 penalty units.

(2)It is enough for a complaint against a person for an offence against subsection (1) to state the information given to the chief inspector was false or misleading to the person’s knowledge without specifying whether it was false or whether it was misleading.

s 152 amd 2010 SL No. 47 s 53

152AFalse or misleading information about authority

(1)A person (an acquirer) must not give information or make a representation to another person from whom the acquirer is acquiring an explosive, other than by purchasing the explosive, that the acquirer knows is false or misleading in a material particular about—

(a)the type of authority held by the acquirer and the activities allowed under the authority; or

(b)the type of explosive the acquirer is authorised to deal with under the authority; or

(c)a condition on the authority; or

(d)the name or identity of the person to whom the authority is issued; or

(e)the name or identity of the acquirer.

Examples of acquiring an explosive other than by purchasing the explosive—

•a person taking possession of an explosive to transport or store the explosive

•a person taking possession of fireworks for the purpose of conducting a fireworks display

Maximum penalty—20 penalty units.

(2)A person (a service provider) must not give information or make a representation to another person who employs, or otherwise engages, the service provider to provide a service related to an explosive that the service provider knows is false or misleading in a material particular about—

(a)the type of authority held by the service provider and the activities allowed under the authority; or

(b)the type of explosive the service provider is authorised to deal with under the authority; or

(c)a condition on the authority; or

(d)the name or identity of the person to whom the authority is issued; or

(e)the name or identity of the service provider.

Examples—

•an employee tells the employee’s employer that the employee holds an authority to manufacture explosives when the employee does not hold the authority

•an employee holds a fireworks operator licence but tells the employee’s employer that the employee holds a shotfirer licence

•a fireworks operator contracted by a fireworks contractor tells the fireworks contractor that the fireworks operator is authorised to purchase fireworks

Maximum penalty—20 penalty units.

(3)It is enough for a complaint against a person for an offence against subsection (1) or (2) to state the information given or the representation made by the person was false or misleading to the person’s knowledge without specifying whether it was false or whether it was misleading.

s 152A ins 2010 SL No. 47 s 54

153Prohibition on altering authority

(1)A person must not alter an authority issued to the person.

Maximum penalty—50 penalty units.

(2)A person, other than the chief inspector, must not alter an authority issued to someone else.

Maximum penalty—20 penalty units.

s 153 amd 2010 SL No. 47 s 55

154Labels etc. to be written in English

A label, document, record or notice required under the Act must be written in English.

pt hdg prev pt 12 hdg exp 30 June 2004 (see s 160)

pres pt 12 hdg ins 2006 SL No. 108 s 13

sub 2008 SL No. 317 s 9

div hdg ins 2008 SL No. 317 s 9

155Definition for pt 12

In this part—

existing licensed seller means the holder of a licence to sell explosives that was in force immediately before 2 June 2006.

s 155 prev s 155 exp 30 June 2004 (see s 160)

pres s 155 ins 2006 SL No. 108 s 13

156Transitional provisions for existing clients of existing licensed seller

(1)An existing licensed seller is taken to have complied with section 78C (2) for an existing client of the seller if, before 2 June 2006—

(a)the seller gave the chief inspector documents, however called, that are the same, or substantially the same, as a validation request and all of the validation documents for the client; and

(b)the chief inspector gave the seller a notice to the same, or substantially the same, effect as a validation notice for the client.

(2) Subsections (3) to (5) apply if, before 2 June 2006—

(a)an existing licensed seller made a written request of the chief inspector for an existing client of the seller to the same effect as a validation request for the client; but

(b)the existing seller had not given the chief inspector all or any of the validation documents for the client.

(3)The request is taken to be a validation request for the existing client.

(4)The chief inspector must not give a validation notice for the existing client until all of the validation documents for the client have been given to the chief inspector.

(5)In deciding the validation request, the chief inspector may consider any validation document given for the existing client before 2 June 2006.

(6)In this section—

existing client, of an existing licensed seller, means a person to whom the seller has, before 2 June 2006—

(a)sold a security sensitive explosive; or

(b)supplied a security sensitive explosive as an employee mentioned in section 39 (1).

validation documents means documents of a type mentioned in section 78B (5) (b).

validation notice means a notice under section 78B (6).

validation request means a request under section 78B (5) (a).

s 156 prev s 156 exp 30 June 2004 (see s 160)

pres s 156 ins 2006 SL No. 108 s 13

157Deferral of security plan obligations for existing licensed seller

Section 79B does not apply to an existing licensed seller until 1 December 2006.

s 157 prev s 157 exp 30 June 2004 (see s 160)

pres s 157 ins 2006 SL No. 108 s 13

div hdg ins 2008 SL No. 317 s 10

158Provision about safety and health fee payable on or before 31 October 2008

(1)This section applies in relation to a safety and health fee payable by the holder of an authority on or before 31 October 2008 under section 146B.

(2)Despite section 146B (2) and (3), the amount payable for the safety and health fee is $75.

s 158 prev s 158 exp 31 December 2003 (see s 158 (4))

pres s 158 ins 2008 SL No. 317 s 10

section 15

1Small arms ammunition with a bullet or projectile containing an incendiary, tracer, explosive, lachrymatory or noxious composition, other than small arms ammunition—

(a)used as a distress signal or wildlife control device; or

(b)manufactured, brought into the State from another country, stored, transported or sold for use, or used, by an officer or member of a State police service in the course of the officer’s or member’s official duties; or

(c)stored, sold, transported or possessed by a prescribed ammunition collector or the holder of a licence to collect ammunition.

2Ammunition that contains explosives, other than—

(a)small arms ammunition; and

(b)ammunition manufactured, brought into the State from another country, stored, transported or sold for use, or used, by an officer or member of a State police service in the course of the officer’s or member’s official duties.

3An explosive containing a chlorate mixed with an ammonium salt.

4Any of the following fireworks—

(a)a firework from which explosive material may escape;

(b)a firework, all or part of which explodes, containing aluminium or magnesium mixed with potassium chlorate or another chlorate, whether or not the firework contains another substance;

(c)a firework, other than an unrestricted firework or a distress signal, containing a chlorate mixed with sulphur, a sulphide or phosphorus, whether or not the firework contains another substance;

(d)a firework, other than an unrestricted firework or a distress signal, that contains, or is attached to, a thing capable of initiating the firework by friction or percussion;

(e)a firework—

(i)all or part of which is projected through the air on initiation; and

(ii)that has the potential to injure a person outside the recommended spectator distance under the Queensland fireworks code;

Example—

a sky rocket

(f)a cracker, other than a cracker that is a component in a string of crackers;

Examples—

bungers, bangers and matchcrackers

(g)a salute with a diameter or length greater than 75mm;

(h)a candle with an internal diameter greater than 50mm;

(i)a fountain with an internal diameter greater than 125mm;

(j)a candle with an internal diameter greater than 25mm containing a pyrotechnic unit composed wholly or predominantly of flash powder;

(k)a multishot box item and another assembly consisting of tubes greater than 30mm in diameter fastened together in a vertical or near vertical array, other than—

(i)an item consisting of tubes with an internal diameter of 10mm or less that does not have more than 1000 tubes or 1000 pyrotechnic units; or

(ii)an item consisting of tubes with an internal diameter of greater than 10mm but not greater than 25mm that does not have more than 200 tubes or 200 pyrotechnic units; or

(iii)an item consisting of tubes with an internal diameter of greater than 25mm but not greater than 38mm that—

(A)does not have more than 200 tubes or 200 pyrotechnic units; and

(B)does not contain flash powder; or

(iv)an item consisting of tubes with an internal diameter of greater than 38mm but not greater than 50mm that—

(A)does not have more than 52 tubes or 52 pyrotechnic units; and

(B)does not contain flash powder;

(l)a string of crackers—

(i)in which any cracker is greater than 45mm in length or has an external diameter of greater than 10mm; or

(ii)containing a roll of crackers designed to initiate at the same time, including, for example, a headroll.

In this schedule, a term that is not defined in the Act or this regulation but that is defined in AS 2187, part 0, has the meaning given to it by the standard.

section 20

sub 2004 SL No. 67 s 1; 2005 SL No. 103 s 10; 2006 SL No. 110 s 10; 2007 SL No. 132 s 6; 2008 SL No. 192 s 8; 2009 SL No. 73 s 12

amd 2010 SL No. 47 s 56

sub 2010 SL No. 116 s 13; 2011 SL No. 94 s 6

amd 2012 SL No. 34 s 10

sub 2012 SL No. 105 s 10; 2013 SL No. 84 s 10; 2014 SL No. 78 s 10: 2015 SL No. 39 s 14

section 43

1Establishing and maintaining an explosives safety management system to deal with hazard identification, risk assessment and risk control.

2The provision of information, education and training to—

(a)employees and contractors of the authority holder; and

(b)if the system is for a place—visitors to the place.

3Reporting and investigating explosives incidents.

4Internal auditing of the system.

5Collecting information about the system to monitor its effectiveness.

6Keeping records of the system, including records of each of the following—

(a)internal audits and statistics;

(b)risk assessments undertaken;

(c)training of personnel;

(d)reports and investigations of explosives incidents;

(e)reviews of operational procedures;

(f)consultations of employees and contractors about safety;

(g)explosives manufactured or stored under the licence;

(h)maintenance carried out on buildings, plant and equipment;

(i)testing of safety shut-off systems and alarms;

(j)testing of emergency procedures and the evacuation plan.

7Periodic reviews of the legislative requirements applicable to the system, and amendments of the system, if necessary, to comply with the requirements.

8Changing the system.

9Establishing and maintaining an explosives security management system to deal with identifying, assessing and controlling security risks.

1Supervising visitors and contractors in areas where there are explosives.

2Maintaining buildings, plant and equipment, including each of the following—

(a)cleaning to ensure buildings, plant and equipment are free from explosives before maintenance is carried out;

(b)precautionary steps, including, for example, cleaning and clearing, to isolate a hazard before maintenance is carried out in the vicinity of the hazard;

Examples of precautionary steps—

•cleaning contaminated equipment

•isolating electrical, pressure or other sources of energy

•confined space entry

(c)the frequency of required maintenance.

3Restricting smoking, the consumption of alcohol, the possession and use of firearms, and other activities potentially affecting the risk associated with the activities carried out under the authority.

4Selecting, maintaining and using personal protective equipment, including, for example, clothing, equipment or devices designed to protect a person from harm.

Examples of personal protective equipment—

gloves, safety glasses, a hard hat and safety shoes

5Identifying and disposing of waste explosives and ingredients for manufacturing explosives, and separating waste materials that are not compatible, including, for example, procedures for burning waste.

6Testing safety shut-off systems and alarms.

7If the activities include manufacturing or bringing explosives into the State from another country—sampling and testing the explosives.

8Transporting explosives under the authority, including security provisions and procedures.

9Storing and handling explosives under the authority, including security provisions and procedures.

10Handling chemicals and keeping—

(a)a register of chemicals stored or used for the activities; and

(b)a safety data sheet for each chemical.

11Receiving explosives at a place where the activities are carried out.

12Limiting the amount of explosives in, and the number of persons in, buildings and other places where the activities are carried out.

13Using explosives under the authority, including security provisions and procedures.

14Responding to adverse weather conditions, including, for example, lightning.

15Restricting sources of ignition in buildings and other places where the activities are carried out.

16Separating materials that are not compatible.

17Manufacturing explosives under the authority, including storing and mixing ingredients used to manufacture explosives.

18Cleaning and tidying areas where explosives are handled under the authority.

19Handling misfires.

20Operating plant and equipment used in the activities, including, for example, a pump.

21Preparing for and responding to emergencies, including an evacuation plan, and testing of the procedures.

Examples—

•procedures for controlling spills

•the provision of fire fighting equipment

•the availability of first aid

22Changing operational processes, the composition of the explosives used for the activities, the ingredients used to manufacture explosives and the packaging of explosives.

23The competencies and training required for personnel who carry out the activities.

24Recording and handling complaints about the activities.

amd 2010 SL No. 47 s 57; 2011 SL No. 240 s 797

section 81, definition sch 4 explosive

1Small arms ammunition stored by a person who is licensed or otherwise authorised under the Weapons Act 1990 .

2Power device cartridges.

3Safety fuses and igniters.

4Electric matches.

5Unrestricted fireworks.

6Explosives designed to activate airbags, seatbelts, fire extinguishers and parachutes.

7Distress signals—

(a)with classification code 1.3G—maximum amount 15kg (gross weight); or

(b)with classification code 1.4G—maximum amount 250kg (gross weight).

8Fireworks, other than unrestricted or prohibited fireworks, stored by a person licensed to use the fireworks—

(a)with classification code 1.1G, 1.2G or 1.3G—maximum amount 50kg (gross weight); or

(b)with classification code 1.4G—maximum amount 250kg (gross weight).

9Propellant powders stored by a person who holds a licence under the Weapons Act 1990 —

(a)maximum amount 15kg; or

(b)if the powders are stored on a property larger than 2ha—maximum amount 30kg.

10Propellant powders stored by a person licensed to sell the powders—maximum amount 100kg.

11Blasting explosives stored by a person licensed to use the explosives—

(a)maximum amount 10kg; or

(b)if the explosives are stored on a property larger than 2ha—maximum amount 30kg.

sch hdg amd 2009 SL No. 73 s 13

sch 4 amd 2010 SL No. 47 s 58

section 116

1Small arms ammunition.

2Power device cartridges.

3Safety fuses and igniters.

4Electric matches.

5Unrestricted fireworks.

6Propellant powders, other than black powder—maximum amount 50kg.

7Black powder—maximum amount 25kg.

8Distress signals—

(a)with classification code 1.1G, 1.2G or 1.3G—maximum amount 50kg; and

(b)with classification code 1.4G—maximum amount 250kg; and

(c)with classification code 1.4S.

9Explosives designed to activate airbags, seatbelts, fire extinguishers or parachutes.

10Explosives not mentioned in item 8—

(a)with classification code 1.3C or 1.3G—maximum amount 50kg; and

(b)with classification code 1.4C or 1.4G—maximum amount 250kg.

sch hdg amd 2009 SL No. 73 s 14(1)

sch 5 amd 2009 SL No. 73 s 14(2); 2010 SL No. 47 s 59

schedule 7, definition unrestricted firework

1Amorces and caps for toy pistols.

2Indoor table bombs.

3Model rocket motors—maximum weight 62.5g.

4Snaps for bon bon crackers.

5Sparklers.

6Starting pistol caps.

7Streamer cones.

8Indoor decorative fountains.

section 3

alternative safety measures see section 9 (2).

ANFO means an explosive consisting of a mixture of ammonium nitrate and fuel oil in a proportion that complies with AS 2187, part 2.

def ANFO ins 2006 SL No. 108 s 14(1)

applicant, for part 8, division 4, see section 103 (1).

approved explosives limits, for a port, means—

(a)explosives limits approved for the port under section 62; or

(b)if the chief inspector has imposed interim explosives limits for the port—the interim explosives limits for the port.

AS 2187, part 0 means AS 2187—‘Explosives—storage, transport and use’, part 0 ‘Terminology’ (1998).

AS 2187, part 1 means AS 2187—‘Explosives—storage, transport and use’, part 1 ‘Storage’ (1998).

def AS 2187, part 1 ins 2010 SL No. 47 s 60(2)

AS 2187, part 2 means AS 2187.2—‘Explosives—storage and use’, part 2 ‘Use of explosives’ (2006).

def AS 2187, part 2 sub 2012 SL No. 34 s 11(1)

Australian dangerous goods code means the seventh edition of the ‘Australian code for the transport of dangerous goods by road and rail’, approved by the Australian Transport Council.

Editor’s note—

At the commencement of this definition, the Australian dangerous goods code could be accessed on the National Transport Commission Australia’s website at <www.ntc.gov.au>.

def Australian dangerous goods code ins 2010 SL No. 47 s 60(2)

Australian explosives code means the third edition of the ‘Australian code for the transport of explosives by road and rail’, approved by the Workplace Relations Ministers’ Council.

Editor’s note—

At the commencement of this definition, the Australian explosives code could be accessed on the Commonwealth Department of Education, Employment and Workplace Relations’ website at <www.deewr.gov.au>.

def Australian explosives code sub 2010 SL No. 47 s 60

blasting activities means preparing a blasting explosive for use or using a blasting explosive.

Example of types of blasting activities—

•agricultural and small-scale blasting

•quarrying and open-cut mining

•tunnelling and underground mining

•submarine blasting

blasting explosive means an explosive used for blasting or producing a similar effect.

Examples of a blasting explosive—

•ANFO

•a booster as defined under AS 2187, part 0

•a cartridge (or plug or stick) as defined under AS 2187, part 0

•a detonator

•a detonating cord

•a precursor

•TNT

def blasting explosive amd 2006 SL No. 108 s 14(2)

certified copy, of a document, means a copy of the document certified by any of the following to be a true copy of the document—

(a)a lawyer;

(b)a notary public;

(c)a commissioner for declarations;

(d)a justice of the peace.

def certified copy ins 2006 SL No. 108 s 14(1)

class 1 explosive means an explosive that has been classified, under the UN model regulations, as being in class 1.

def class 1 explosive ins 2010 SL No. 47 s 60(2)

class 2 to 9 explosive means an explosive that has been classified, under the UN model regulations, as being in one of classes 2 to 9.

def class 2 to 9 explosive ins 2010 SL No. 47 s 60(2)

classification code, of an explosive, means—

(a)for an explosive to which the UN model regulations apply—

(i)the class, division and compatibility group to which the explosive is assigned under the UN model regulations; or

Example—

An explosive with the classification code of class 1, division 1.1, compatibility group D is an explosive that has been assigned to the following class, division and compatibility group under the UN model regulations—

•class 1 (Explosives);

•division 1.1 (Substances and articles which have a mass explosion hazard);

•compatibility group D (Secondary detonating explosive substance or black powder or article containing a secondary detonating explosive substance, in each case without means of initiation and without a propelling charge, or article containing a primary explosive substance and containing 2 or more effective protective features).

(ii)the class, division and packing group to which the explosive is assigned under the UN model regulations; or

Example—

An explosive with the classification code of class 5, division 5.1, packing group III is an explosive that has been assigned to the following class, division and packing group under the UN model regulations—

•class 5 (Oxidising substances and organic peroxides);

•division 5.1 (Oxidising substances);

•packing group III (When packed in accordance with this group the substance presents low danger).

(b)for an explosive to which the UN model regulations do not apply—the class to which the explosive is assigned under another classification system approved by the chief inspector.

def classification code sub 2010 SL No. 47 s 60

classification sign means—

(a)for a class 1 explosive—the sign shown in the Australian explosives code, chapter 3, showing the classification code for the explosive; or

(b)for a class 2 to 9 explosive—the sign shown in the Australian dangerous goods code, chapter 5, showing the classification code for the explosive.

def classification sign sub 2010 SL No. 47 s 60

collectors’ ammunition means—

(a)small arms ammunition; and

(b)other ammunition that does not contain explosives.

commencing day ...

def commencing day om 2009 SL No. 73 s 15(1)

compatible, in relation to 2 or more materials, means the materials will not react together to cause a fire, explosion, harmful reaction or the production of flammable, toxic or corrosive vapours.

decision notice ...

def decision notice om 2009 Act No. 24 s 507

display host, for a fireworks display, see section 130.

distress signal—

(a)means a packaged pyrotechnic substance used for signalling, warning, rescue or a similar purpose; and

(b)includes marine flares and signals, landing flares, highway fusees, line-carrying rockets and smoke generators.

electric match means an electric match containing a pyrotechnic substance that is initiated electrically.

Examples of electric matches—

electric match heads, squibs, electric fuses

existing ...

def existing om 2009 SL No. 73 s 15(1)

existing licensed seller, for part 12, see section 155.

def existing licensed seller ins 2009 SL No. 73 s 15(2)

explosives limit, for part 5, division 4, see section 61 (a).

explosives limits document, for part 5, division 4, see section 61.

explosives worker, for part 10A, see section 146A.

def explosives worker ins 2008 SL No. 317 s 11

amd 2012 SL No. 34 s 11(2)

firework has the meaning given under AS 2187, part 0.

def firework sub 2010 SL No. 47 s 60

fireworks contractor—

(a)means the holder of a fireworks contractor licence; and

(b)for a fireworks display—also see section 131 (1).

fireworks display see section 129 (1).

fireworks operator—

(a)means the holder of a fireworks operator licence; and

(b)for a fireworks display—also see section 134 (1).

former regulation means the repealed Explosives Regulation 1955 .

handle an explosive includes—

(a)bring the explosive into the State from another country or send the explosive from the State to another country; and

(b)manufacture, possess, sell, store, transport or use the explosive.

hazard means a thing or situation with potential to cause harm to a person, property or the environment, including, for example, the loss or theft of explosives.

initiate an explosive means fire, explode or ignite the explosive.

interim explosives limits, for a port, means explosives limits imposed for the port by the chief inspector under section 64.

magazine employee, for part 8, division 4, see section 98.

manager, of a government magazine, means the person appointed as the manager of the magazine under section 99.

material safety data sheet ...

def material safety data sheet om 2011 SL No. 240 s 798

mine means—

(a)a coal mine within the meaning of the Coal Mining Safety and Health Act 1999 ; and

(b)another mine, including, for example, a quarry, to which the Mining and Quarrying Safety and Health Act 1999 applies.

misfire means a charge, or part of a charge, fails to explode or ignite.

mobile manufacturing code means version 1.2 of the ‘Code of practice—mobile processing units’ (2005), published by the Australian Explosives Industry and Safety Group.

Editor’s note—

The mobile manufacturing code can be accessed on the department’s website at <www.deedi.qld.gov.au>.

def mobile manufacturing code amd 2008 SL No. 283 s 377 sch 17

sub 2010 SL No. 47 s 60

mobile manufacturing unit means a mobile unit, including, for example, a vehicle, used for manufacturing explosives.

museum means a non-profit institution—

(a)owned or administered by the State; and

(b)having, as a function, the preservation of information in any branch of the natural sciences about animals.

notice means a written notice.

organise a fireworks display means perform the functions stated in section 131 (2) for the fireworks display.

packing group has the meaning given under the Australian dangerous goods code.

def packing group ins 2010 SL No. 47 s 60(2)

port has the meaning given under the Transport Infrastructure Act 1994 , schedule 6.

def port amd 2009 SL No. 73 s 15(3)

port authority has the meaning given under the Transport Infrastructure Act 1994 , schedule 6.

def port authority amd 2009 SL No. 73 s 15(3)

port operator has the meaning given in the Transport Infrastructure Act 1994 , section 267.

def port operator ins 2010 Act No. 19 s 41

power device cartridge has the meaning given under AS 2187, part 0.

precursor means a liquid mixture of water, ammonium nitrate and fuels, with or without other oxidising agents, emulsifiers and other chemicals, that—

(a)is manufactured with a view to producing an explosive; and

(b)is not a class 1 explosive.

precursor code means the first edition of the ‘Code of good practice—precursors for explosives’ (1999) published by the then Australian Explosives Manufacturers Safety Committee.

def precursor code amd 2012 SL No. 34 s 11(3)

prescribed ammunition collector means—

(a)a museum; or

(b)a person who is a member of a collectors association approved by the chief inspector under section 148.

prescribed information, for part 2, see section 11.

prescribed shotfirer, for part 10, division 2, see section 122.

propellant powder has the meaning given by AS 2187, part 0.

Example of a propellant powder—

black powder

pyrotechnic substance has the meaning given under AS 2187, part 0.

quarter means a 3 month period ending on 30 September, 31 December, 31 March or 30 June.

def quarter ins 2008 SL No. 317 s 11

Queensland fireworks code means the first edition of the ‘Queensland code of practice, control of outdoor fireworks displays’ (2003) published by the Department of Natural Resources and Mines.

registered training organisation has the meaning given under the National Vocational Education and Training Regulator Act 2011 (Cwlth), section 3.

def registered training organisation ins 2010 SL No. 47 s 60(2)

amd 2012 SL No. 103 s 36; 2014 SL No. 103 s 43 sch 2

relevant holder—

(a)for part 5, division 2, see section 48; and

(b)for part 5, division 3, see section 55; and

(c)for part 6, division 2, see section 67; and

(d)for part 8, division 3, see section 91.

relevant person, for part 8, division 4, see section 98.

required places, for part 8, division 2, see section 84.

risk means the risk, measured in terms of consequences and likelihood, of harm to a person, property or the environment arising out of a hazard.

risk assessment process, for part 5, division 4, see section 59.

safety and health census, for part 10A, see section 146C (1).

def safety and health census ins 2008 SL No. 317 s 11

safety and health fee see section 146B (1).

def safety and health fee ins 2008 SL No. 317 s 11

safety data sheet see the Work Health and Safety Regulation 2011 , schedule 19.

def safety data sheet ins 2011 SL No. 240 s 798

safety fuse or igniter means a safety fuse, signal tube, igniter cord, igniter cord connector or fuse igniter, within the meaning of AS 2187, part 0.

safety management system means a safety management system required under section 42.

safety requirements, for a fireworks display, means the requirements under section 136.

sch 4 explosive, for part 8, see section 81.

secure container, for part 8, division 2, see section 84.

secured area, for part 8, division 2, see section 84.

security sensitive ammonium nitrates means—

(a)ammonium nitrate; or

(b)a solid substance that—

(i)consists of a mixture of ammonium nitrate and another substance if the mixture contains more than 45% ammonium nitrate by mass; and

(ii)is not classified as a class 1 explosive.

def security sensitive ammonium nitrates ins 2006 SL No. 108 s 14(1)

security sensitive explosive means—

(a)a blasting explosive; or

(b)a propellant powder; or

(c)a firework other than an unrestricted firework; or

(d)a pyrotechnic substance used in a firework; or

(e)security sensitive ammonium nitrates.

def security sensitive explosive ins 2006 SL No. 108 s 14(1)

site senior executive, for part 10, division 2, see section 122.

small arms ammunition means ammunition for a firearm as follows including primers (cap type) used for reloading the ammunition—

(a)a shotgun;

(b)another firearm with a calibre of not more than 25.4mm.

sources of ignition has the meaning given under AS 2187, part 0.

storage facility, for a licence to store explosives or a permit to store explosives, means a magazine or other place where explosives may be stored under the authority.

supply—

(a)means supply in trade or commerce or under an agreement; and

(b)includes barter, give or swap.

def supply sub 2010 SL No. 47 s 60

trial, for part 2, see section 11.

underground mine, for part 10, division 2, see section 122.

def underground mine ins 2010 SL No. 47 s 60(2)

amd 2012 SL No. 34 s 11(4)

underground mine manager, of an underground mine, for part 10, division 2, see section 122.

def underground mine manager ins 2010 SL No. 47 s 60(2)

amd 2012 SL No. 34 s 11(5)

UN model regulations means the 17th revised edition of the ‘Recommendations on the transport of dangerous goods—model regulations’, published by the United Nations, New York and Geneva, 2011.

Editor’s note—

At the commencement of this definition, the UN model regulations could be accessed on the United Nations Economic Commission for Europe’s website at <www.unece.org>.

def UN model regulations amd 2009 SL No. 73 s 15(4)

sub 2010 SL No. 47 s 60; 2012 SL No. 34 s 11(6)

unrestricted firework means a firework mentioned in schedule 6.

UN tests and criteria means the fifth revised edition of the ‘Recommendations on the transport of dangerous goods—Manual of tests and criteria’ (2010) published by the United Nations.

def UN tests and criteria sub 2012 SL No. 34 s 11(7)

use an explosive includes prepare the explosive for use.

Example—

assemble an explosive with 1 or more other explosives for initiation