Explosives Act 2024

An

explosive is a substance, mixture or article that—

is an explosive within the meaning of Chapter 2.1 of the United

Nations Globally Harmonised System of Classification and Labelling of Chemicals (GHS), as in force from time to time; or

is declared by the Regulator under subsection (2) to be an explosive; or

is prescribed by regulation to be an explosive, but does not include a substance, mixture or article that is declared by the Regulator under subsection (2) to not be an explosive.

The

Regulator may, by notice in the Gazette and on the Department's website—

declare a substance, mixture or article to be an explosive for the purposes of this Act; or

declare a substance, mixture or article to not be an explosive for the purposes of this Act; or

vary or revoke a notice under this subsection.

The

Regulator may make a declaration under subsection (2) to declare a substance, mixture or article to be an explosive if, in the opinion of the Regulator, safety or security concerns exist justifying the declaration in relation to the substance, mixture or article.

For the purposes of subsection (1)(c), the regulations may—

establish a scheme for the automatic adoption of a substance, mixture or article that is an explosive under a corresponding law; and

refer to or incorporate, wholly or partially and with or without modification, a specified code, standard or classification scheme as in force at a specified time or as in force from time to time; and

declare that only specified provisions or parts of this Act will apply in relation to the substance, mixture or article adopted by the regulations.

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

a copy of the code, standard or classification scheme 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, standard or classification scheme 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, standard or classification scheme.