Explosives Act 2024

If a person has contravened this Act and an authorised person—

has taken action to—

investigate the contravention; or

issue a notice under this Part in respect of the contravention; or

ensure that the person has complied with requirements imposed in relation to the contravention by a notice under Part 7 (including taking action or causing action to be taken under

Part 7);

or

has, in taking such action, incurred costs and expenses in taking samples or in conducting tests, examinations or analyses or in storing or disposing of explosives, the

Regulator may, by written notice served on the person, require the person to pay to the Regulator—

in respect of action to investigate the contravention or to issue a notice under Part 7 in respect of the contravention—a fee fixed by, or calculated in accordance with, the regulations; or

in respect of action to ensure that the person has complied with requirements imposed in relation to the contravention by a notice under Part 7—the reasonable costs and expenses incurred in taking that action; or

in respect of costs and expenses incurred in taking samples or in conducting tests, examinations or analyses or in storing or disposing of explosives—the reasonable costs and expenses so incurred.

Subject to subsection (3), an amount payable to the Regulator in accordance with a notice under this section must be paid within the period specified in the notice.

On application by a person who has been served a notice under this section, the Regulator may, by notice in writing—

extend the time for payment of an amount payable in accordance with the notice; or

waive payment of such an amount or reduce the amount payable.

A person who fails to pay an amount payable to the Regulator in accordance with this section is guilty of an offence.

Maximum penalty: $1 250.

Expiation fee: $500.

If a notice is issued under this section in respect of a contravention and—

the contravention is the subject of an appeal; or

the notice requires payment of an amount in respect of the issue of a notice under Part 7 and the notice is the subject of a review or appeal, the notice is suspended until the review or appeal has been determined (but if it is found that the contravention was committed or that the notice was properly issued, as the case may be, the notice will have effect as if the period for payment specified in the notice commenced on the day on which the review or appeal was determined).

If an amount payable to the Regulator is not paid in accordance with this section, the amount may be recovered as a debt by the

Regulator.