Explosives Act 2012

An authorised officer may, to ascertain whether this Act is being complied with, enter and search premises if the authorised officer believes on reasonable grounds that he or she will find a thing that has been, is being or is likely to be used in the handling of explosives.

However, if the premises are unattended or are a residence, the authorised officer may only enter with the consent of the occupier or under the authority of a warrant issued by a magistrate.

Schedule 1 has effect in relation to the issue, execution, effect and expiry of warrants for the purposes of this section.

Despite subsection (2), an authorised officer may enter and search premises, whether attended or not and whether or not a residence, and without consent or a warrant, if he or she believes on reasonable grounds that an explosives emergency exists as a result of anything occurring at the premises in relation to the handling of explosives.

If an authorised officer believes on reasonable grounds that a vehicle or equipment has been, is being or is likely to be used in the handling of explosives, the officer may, to ascertain whether this Act is being complied with – stop or detain the vehicle or equipment or cause the vehicle or equipment to be stopped or detained; and search the vehicle or equipment for explosives or for documents, equipment or other things relating to the handling of explosives.

If an authorised officer believes on reasonable grounds that a vehicle or equipment has been, is being or is likely to be used in the handling of explosives, the officer may, to ascertain whether this Act is being complied with, direct a person in charge or apparently in charge of the vehicle or equipment to move the vehicle or equipment, or to cause it to be moved, to a suitable location for inspection.

If the inspection is not to take place immediately, the direction is to be given by notice in writing specifying the time, date and location for the inspection.

An authorised officer may carry out an inspection of the kind referred to in subsection (6) without notice if the authorised officer believes on reasonable grounds that an explosives emergency exists.

An authorised officer may, to ascertain whether this Act is being complied with, take samples, or direct a person in charge of premises or a vehicle or equipment referred to in subsection (1), (4), (5) or (6) or another person capable of doing so to give samples of a substance for examination and testing if the authorised officer believes on reasonable grounds that the substance is an explosive, an ingredient of an explosive or a substance that has been handled together with explosives.

If subsection (9) applies, the authorised officer must give a receipt in an approved form to the person who – appears to be in charge of the premises, vehicle or equipment from or in respect of which the sample is taken; or gives the sample.

An authorised officer may, to ascertain whether this Act is being complied with, direct a person in charge or apparently in charge of premises or a vehicle or equipment referred to in subsection (1), (4), (5) or (6) to produce documents.

The authorised officer may make copies of the documents, or remove them to make copies, but if they are removed the authorised officer must – if it is practicable to do so, allow the person otherwise entitled to possession of the documents reasonable access to them; and give a receipt in an approved form.

An authorised officer may, to ascertain whether this Act is being complied with, leave at premises written directions to the occupier requiring the occupier, within a specified time – to give samples of a substance the authorised officer believes on reasonable grounds to be an explosive, or an ingredient of an explosive, for examination and testing; or to produce documents that may help the authorised officer.

An authorised officer may, in order to ascertain whether this Act is being complied with, direct a person to answer questions that may help the authorised officer.

An authorised officer may make photographic, mechanical or electronic recordings for a purpose incidental to the exercise of a power of the authorised officer under this section.