Explosives Act 2024

A seizure order—

must be in the form of a written notice given to the owner or person in control of the thing to which the order relates; and

may be varied or discharged by further such written notice.

If a seizure order is issued, a person who, knowing of the order, removes or interferes with the thing to which the order relates without the approval of an authorised person before the thing is dealt with under this section or the seizure order discharged is guilty of an offence.

Maximum penalty: $5 000.

If an explosive has been seized or made the subject of a seizure order under section 57(1)(i), the following provisions apply:

if an authorised person is satisfied that the explosive is an authorised explosive or is an explosive that is not required to be authorised—it must be released immediately;

if an authorised person is satisfied that the explosive is unauthorised—the authorised person may dispose of it as the authorised person thinks fit or direct its disposal in a specified manner.

Before exercising a power under subsection (3)(b), the authorised person must—

give the owner of the explosive written notice of the proposed action and the reasons for the proposed action; and

allow the owner of the explosive a reasonable opportunity to comment on the proposed action.

Subject to this section, if any thing has been seized or made the subject of a seizure order under section 57(1)(j), the following provisions apply:

the thing must, if it has been seized, be held pending proceedings for an offence against this Act related to the thing seized, unless the

Minister, on application, authorises its release to the person from whom it was seized, or to a person who had legal title to it at the time of its seizure, subject to such conditions as the Minister thinks fit (including conditions as to the giving of security for satisfaction of an order under paragraph (b)(ii));

if proceedings for an offence against this Act relating to the thing are instituted within the designated period after its seizure or the issuing of the seizure order and the defendant is convicted or found guilty of the offence, the court may—

order that it be forfeited to the Minister; or

if it has been released pursuant to paragraph (a) or is the subject of a seizure order—order that it be forfeited to the Minister or that the person to whom it was released or the defendant pay to the Minister an amount equal to its market value at the time of its seizure as the court thinks fit;

if—

proceedings are not instituted for an offence against this Act relating to the thing within the designated period after its seizure or the issuing of the seizure order; or

proceedings have been so instituted and—

the defendant is found not guilty of the offence; or

the defendant is convicted or found guilty of the offence but no order for forfeiture is made under paragraph (b), then—

in the case of a thing seized—the person from whom the thing was seized, or a person with legal title to it is entitled to recover from the Minister (if necessary, by action in a court of competent jurisdiction)—

the thing itself, unless the Minister considers that to return the thing would be likely to result in undue danger to life or property or would not be in the public interest; or

compensation of an amount equal to the market value of the thing at the time of its seizure; or

in the case of a thing subject to a seizure order—the order is discharged.

If, in the opinion of the Regulator or the Commissioner of Police, storing an explosive seized under this Act pending proceedings for an offence against this Act relating to the explosive would result in an unacceptable level of danger, or there are no adequate facilities available for such storage, the following provisions apply:

the

Regulator or Commissioner of Police may direct that the explosive be destroyed, whether or not a person has been or is to be charged with an offence in relation to it;

the explosive may be destroyed at the place at which it was seized or at any other suitable place;

if a charge is laid, or is to be laid, for an offence in relation to the explosive, the Regulator or Commissioner of Police may direct that a person appointed or approved by the Regulator as an analyst for the purposes of this Act undertake an analysis of the explosive by means of testing, physical examination or visual inspection of the explosive, or of photographs or films of the explosive, or in any other manner the Regulator or Commissioner thinks fit (as the case may be).

In this section—

designated period means 6 months or such longer period as a magistrate may, on application by the Minister, allow.