Explosives Bill 2003

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

This Bill is cognate with the Occupational Health and Safety Amendment
(Dangerous Goods) Bill 2003.

Overview of Bill

The handling of dangerous goods (including explosives) is currently regulated
under the Dangerous Goods Act 1975 and the regulations under that Act. This
legislation requires the keeping, conveyance and use of dangerous goods to be
licensed by the WorkCover Authority. The legislation contains special
provisions that deal specifically with the licensing of explosives. Those
provisions include a role for the Commissioner of Police in determining whether
to grant a licence.

The Dangerous Goods Act 1975 and the regulations under that Act are to be
repealed under the proposed Occupational Health and Safety Amendment
(Dangerous Goods) Act 2003. Under that proposed Act, the regulation of larger
quantities of certain dangerous goods is to take place under the Occupational
Health and Safety Act 2000 (whether or not those dangerous goods are at places
of work).

The objects of this Bill are:

(a) to provide for the regulation and control of the handling of explosives and
explosive precursors by requiring a licence to handle explosives and
explosive precursors and also by enabling regulations to be made under
the proposed Act containing provisions governing the handling of
explosives and explosive precursors, and

(b) to provide for the regulation and control of other dangerous goods in
circumstances that will not be covered by the Occupational Health and
Safety Act 2000 by enabling regulations to be made under the proposed
Act with respect to those matters.

Outline of provisions

Part 1 Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.

Clause 2 provides for the commencement of the proposed Act on a day or days
to be appointed by proclamation.

Clause 3 defines certain words and expressions used in the proposed Act.

Clause 4 provides a meaning for the term regulatory authority. The WorkCover
Authority is generally the regulatory authority for the purposes of the proposed
Act. However, another public authority may be declared by the regulations to be
the regulatory authority for a specified matter (subject to such conditions or
limitations as are specified in the regulations).

Clause 5 provides that the proposed Act does not apply to the transport of
dangerous goods by road or rail, or any associated activity or matter, that is
regulated by the Road and Rail Transport (Dangerous Goods) Act 1997.

Part 2 Offences relating to explosives
Clause 6 provides that a person must be licensed to handle an explosive or
explosive precursor if the regulations require it. The proposed offence is
punishable by amaximum penalty of 500 penalty units (currently $55,000) in the
case of a corporation or 250 penalty units (currently $27,500) or imprisonment
for 12 months, or both, in the case of an individual.

Clause 7 requires a person conveying explosives at all times to take all
precautions as are necessary to prevent access to the explosives by persons not
lawfully entitled to have access to the explosives. The proposed offence is
punishable by amaximum penalty of 500 penalty units (currently $55,000) in the
case of a corporation or 250 penalty units (currently $27,500) in the case of an
individual.

Clause 8 prohibits the negligent handling of explosives in such a manner or in
such circumstances as to endanger or be likely to endanger the life of any person,
or to cause or be likely to cause injury to any person, or to damage or be likely
to cause damage to any property belonging to any other person. The proposed
offence is punishable by a maximum penalty of 500 penalty units (currently
$55,000) in the case of a corporation or 250 penalty units (currently $27,500) or
imprisonment for 12 months, or both, in the case of an individual.

Clause 9 prohibits the selling or other supply of explosives to persons under the
age of 18 years. The proposed offence is punishable by a maximum penalty of
50 penalty units (currently $5,500). A person is not guilty of the offence under
the proposed section if the person satisfies the court that the person believed on
reasonable grounds that the minor concerned had attained the age of 18 years or
the minor concerned had purchased or otherwise received the explosive in the
course of the minor’s employment.

Part 3 Explosives licences
Clause 10 provides that licences authorising the carrying out of an activity that
constitutes handling an explosive or explosive precursor may be granted and
otherwise dealt with in accordance with proposed Part 3. The licences may be
granted or varied so as to cover one or more activities involving explosives or
explosive precursors.

Clause 11 provides that licences are to be granted by the regulatory authority.

Clause 12 provides that Part 2 of the Licensing and Registration (Uniform
Procedures) Act 2002 applies to and in respect of a licence under the proposed
Act with certain modifications.

Clause 13 provides that the regulatory authority may request the Commissioner
of Police to furnish it with a report in respect of certain matters relating to
applicants for the grant or renewal of licences and holders of licences. For
example, whether such a person has been found guilty or convicted of certain
offences, whether the person is the subject of a firearms prohibition order within
the meaning of the Firearms Act 1996, whether the person has a history of
violence or threats of violence or whether there is an apprehended violence order
under Part 15A of the Crimes Act 1900 in force with respect to the applicant or
licence holder. The Commissioner of Police is to investigate the person to which
the request relates and furnish to the regulatory authority a report on the results
of that investigation.

Clause 14 deals with conditions of licences.

Clause 15 prohibits the holder of a licence from contravening any condition to
which the licence is subject. The offence carries a maximum penalty of 50
penalty units (currently $5,500).

Clause 16 deals with the duration of licences.

Clause 17 deals with fees relating to licences.

Clause 18 creates a number of offences relating to licences, including
prohibitions against a person pretending to be the holder of a licence, providing
any information or producing any document for the purpose of obtaining a
licence that the person knows is false or misleading in a material particular or,
with intent to deceive, forging or altering a licence. The offences carry a
maximum penalty of 50 penalty units (currently $5,500).

Clause 19 provides that the regulations may make provision for or with respect
to licences, including the classes or types of licence, applications for licences,
the eligibility of applicants (including age, qualifications, knowledge,
experience, training and health), the testing or examination of applicants or the
holders of licences to determine whether they are, or continue to be, eligible to
hold a licence and other relevant matters.

Clause 20 deals with the circumstances and manner in which a licence may be
suspended.

Clause 21 deals with the circumstances and manner in which a licence may be
cancelled.

Clause 22 is a special provision that deals with the circumstances in which a
licence may be suspended or cancelled where the regulatory authority believes
that the holder of a licence cannot be trusted to have access to explosives or
explosive precursors because the person has a history of violence or threats of
violence (whether or not the person has been convicted of any offence involving
violence) or the regulatory authority is satisfied that an apprehended violence
order is in force under Part 15A of the Crimes Act 1900 against the holder of a
licence.

Clause 23 prohibits the holder of a licence that has been suspended or cancelled
from using the licence and requires the holder to deliver the licence to the
regulatory authority as soon as practicable after the licence is suspended or
cancelled. The offence carries a maximum penalty of 10 penalty units (currently
$1,100).

Clause 24 deals with situations where a person who is aggrieved with a decision
under the proposed Act or the regulations relating to a licence may apply to the
Administrative Decisions Tribunal for a review of the decision.

Part 4 Administration
Clause 25 provides for the appointment of inspectors.

Clause 26 provides that every inspector is to be issued with an identification
card.

Clause 27 provides that certain provisions of the Occupational Health and
Safety Act 2000 that set out the powers of inspectors under that Act extend to the
exercise of powers in connection with the proposed Act and any regulations
under it.

Clause 28 prohibits persons from obstructing, hindering or impeding an
inspector in the exercise of the inspector’s functions under the proposed Act, or
intimidating or threatening or attempting to intimidate an inspector in the
exercise of the inspector’s functions under the proposed Act. The offence is
punishable by amaximum penalty of 750 penalty units (currently $82,500) in the
case of a corporation or 225 penalty units (currently $24,750) in the case of an
individual.

Part 5 Miscellaneous
Clause 29 provides that the proposed Act binds the Crown.

Clause 30 provides that any fees paid to the WorkCover Authority as the
regulatory authority under the proposed Act or any regulations under it are to be
paid into the WorkCover Authority Fund under the Workplace Injury
Management and Workers Compensation Act 1998.

Clause 31 provides that regulations may be made that make provision for or
with respect to the control and regulation of dangerous goods not regulated
under the Occupational Health and Safety Act 2000.

Clause 32 provides that proceedings for offences under the proposed Act or any
regulations under it may be dealt with summarily before a Local Court or the
Industrial Relations Commission in Court Session and may be instituted within
2 years after the act or omission alleged to constitute the offence.

Clause 33 deals with the situations where a director or manager of a corporation
is taken to have contravened a provision of the proposed Act or any regulations
under it if the corporation has committed such a contravention.

Clause 34 enables penalty notices to be issued for prescribed offences against
the proposed Act or any regulations under it.

Clause 35 restricts the disclosure of information obtained in connection with the
administration or execution of the proposed Act.

Clause 36 provides that regulations may be made by the Governor for carrying
out or giving effect to the proposed Act. Specifically, regulations may be made
for or with respect to the control and regulation of explosives and explosive
precursors.

Clause 37 is a formal provision giving effect to Schedule 1 (Savings,
transitional and other provisions).

Clause 38 provides for the review 5 years after its assent of the proposed Act to
determine whether its policy objectives remain valid and whether its terms
remain appropriate for securing those objectives.

Schedule 1 Savings, transitional and other provisions
Schedule 1 contains savings and transitional provisions, including provisions
allowing regulations of a savings and transitional nature to be made, provisions
saving the effect of existing licences and permits relating to explosives,
provisions dealing with pending proceedings before the Administrative
Decisions Tribunal and provisions deferring the provisions of the Licensing and
Registration (Uniform Procedures) Act 2002 relating to electronic applications
for licences until a day to be appointed by proclamation.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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