Explosives Act 2003

The regulatory authority may, by written order, direct that a forfeited explosive be destroyed (a destruction order).

A destruction order may be made—

subject to the requirements of this part or the regulations, and

if the regulatory authority is satisfied of the following—

a representative sample of the forfeited explosive has been taken and kept as required by the regulations,

particulars of the forfeited explosive have been recorded as required by the regulations,

an analyst has given a certificate of analysis in relation to the forfeited explosive,

a copy of the certificate of analysis has been given to an affected person.

A destruction order must not authorise the destruction of an amount of a forfeited explosive that is required by the regulations to be kept.

A forfeited explosive must not be destroyed earlier than 28 days after the day on which the certificate of analysis in relation to the forfeited explosive was given to an affected person.

The Local Court may, on the application of the regulatory authority, make an order authorising the destruction of a forfeited explosive under this section if the Court is satisfied of the following—

a copy of the certificate of analysis cannot practicably be served on the affected person,

the destruction order has otherwise been made in accordance with this section.

The regulatory authority may destroy a forfeited explosive without complying with this section in circumstances prescribed by the regulations.