Explosives Act 2024

The

Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act.

Without limiting subsection (1), the regulations may—

provide for the payment, recovery or waiver of fees prescribed by fee notice; and

prescribe, or provide for the Regulator to prescribe, forms for the purposes of this Act; and

impose fines, not exceeding $25 000 for offences against the regulations; and

fix expiation fees, not exceeding $5 000 for alleged offences against the regulations and sections of the Act, specified by the regulations.

Regulations under this Act may—

be of general application or limited application; and

make different provision according to the matters or circumstances to which they are expressed to apply; and

provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Regulator; and

exempt, or provide for the Regulator to exempt, a specified person, explosive or activity, or class of persons, explosives or activities, from the application of this Act or a specified provision of this Act unconditionally or subject to specified conditions; and

provide for the designation of persons who are authorised to give expiation notices; and

include defences to offences against the regulations and include evidentiary provisions to facilitate proof of contraventions of the regulations for the purposes of proceedings for offences; and

include provisions of a savings or transitional nature consequent on the enactment of this Act.

Regulations under this Act may impose the requirement to notify or give notice to the Regulator of certain prescribed activities, events or occurrences relating to explosives in circumstances prescribed by the regulations.

Regulations under this Act may prescribe a scheme for the sharing of information with corresponding regulators relating to the grant, issue, renewal, variation, suspension or cancellation of authorisations.

Regulations under this Act may prescribe a scheme relating to the granting to persons who hold a licence under a corresponding law (an interstate licence) a licence of a kind or class under this Act that corresponds to the interstate licence.

Regulations under this Act may provide for fees that vary or are determined by the Minister or the Regulator according to factors specified in the regulations.

Regulations under this Act may refer to or incorporate, wholly or partially and with or without modification, a specified code or standard as in force at a specified time or as in force from time to time.

If a code or standard is referred to or incorporated in the regulations—

a copy of the code or standard must be kept available for inspection by members of the public, without charge and during normal office hours, at a prescribed office; and

evidence of the contents of the code or standard may be given in legal proceedings by production of a document apparently certified by the

Minister or the Regulator to be a true copy of the code or standard.

The

Minister may prescribe fees for the purposes of this Act by fee notice under the Legislation

(Fees) Act 2019.