An Act relating to Explosives
Part I—Preliminary
1 Short title
This Act may be cited as the Explosives Act 1961.
2 Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
5 Interpretation
In this Act, unless the contrary intention appears:
explosives means:
(a) substances or articles capable of producing an explosive, incendiary or pyrotechnic effect;
(b) substances or articles prescribed by the regulations to be explosives; or
(c) containers that have contained a substance or article to which paragraph (a) or (b) applies and have not been certified, in accordance with the regulations, to be free from explosives.
handling includes loading, unloading, discharging, stacking, stowing, storing, transporting and any operation incidental to, or arising out of, any of those operations.
vessel means a ship, boat or other vessel used for any purpose on the sea or in navigation.
6 Act binds Crown
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory and any authority constituted by or under a law of the Commonwealth, of a State or of a Territory.
7 Act extends to Territories
(1) This Act extends to all the Territories.
(2) Where a law, not being an Act, in force in a Territory is inconsistent with this Act or the regulations, or with an order under the regulations, that law is, to the extent of the inconsistency, of no effect.
7A Application of the Criminal Code
Chapter 2 of the Criminal Code applies to all offences created by this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
Part II—Handling of explosives
8 Interpretation
In this Part, vessel does not include a vessel belonging to the naval forces of the Commonwealth or of another part of the Queen’s dominions.
9 Explosives to which this Part applies
This Part applies to explosives that:
(a) are the property of, or are in the possession or control of, the Commonwealth;
(ab) have been manufactured by the Commonwealth and, in pursuance of an arrangement made with the Commonwealth, are intended to be, or are being, exported from the Commonwealth; or
(b) are the property of, or are in the possession or control of, the government or the naval, military or air forces of another country and are in the Commonwealth or a Territory with the approval of the Commonwealth for the purposes of, or a purpose related to, the defence of the Commonwealth.
10 Regulations
(1) The regulations may make provision:
(a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives to which this Part applies; and
(b) for or in relation to safety measures to be observed at, in or upon a place, vehicle, aircraft or vessel at, in, upon or in the vicinity of which there are explosives to which this Part applies.
(2) Before making regulations for or in relation to the handling in a port of explosives to which this Part applies, the Governor‑General shall take into consideration any recommendations with respect to the proposed regulations made to the Minister by the committee known as the Council of the Association of Australian Port and Marine Authorities.
11 Orders relating to the berthing of vessels
(1) The regulations may empower a person to direct, by order, that a vessel in which explosives to which this Part applies are, or are to be, loaded may, for a purpose or purposes specified in the order, be berthed in a port so specified.
(2) The regulations may provide that where:
(a) the port specified in an order referred to in subsection (1) is a prescribed port; and
(b) the vessel to which the order relates is not provided with a berth in the port or is provided with a berth in the port that, in the opinion of the person who made the order, is not suitable for the purpose or purposes specified in the order;
that person may, by order, give such directions as are necessary for ensuring that the vessel is, for such period as is necessary, provided with a berth in the port that is so suitable.
(3) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.
11A Orders relating to transporting explosives by railway
(1) The regulations may empower a person to give, by order, such directions as are necessary for ensuring that such explosives to which this Part applies as are specified in the order are transported by railway between such places, on such day or days and in such manner as are so specified.
(2) Except in the case of explosives referred to in paragraph 9(ab) or (b), the powers conferred by regulations made by virtue of subsection (1) shall not be exercised otherwise than for a purpose related to the defence of the Commonwealth.
12 Indemnity
(1) The Commonwealth may indemnify a person from and against all actions, proceedings, claims, demands, costs and expenses relating to any loss, damage or injury to any person or property attributable to explosives to which this Part applies or to the handling of explosives to which this Part applies.
(2) An indemnity given under section 10 of the Explosives Act 1952, or that Act as amended, and in force immediately before the commencement of this Act has, after the commencement of this Act, the same force and effect as if:
(a) the indemnity had been given under the last preceding subsection;
(b) any reference in the indemnity to the Explosives Act 1952 or any amendment of that Act were a reference to this Act; and
(c) any reference in the indemnity to the regulations made under the Explosives Act 1952 or any amendment of that Act or to Explosives Regulations were a reference to regulations made under this Act for the purposes of this Part.
Part III—Control of Commonwealth explosives areas
13 Interpretation
In this Part:
Commonwealth explosives area means any Commonwealth land declared by the regulations to be an explosives area and, where any such land consists of a part of the bed of the sea, or of a bay, estuary or river, includes the waters above the land.
Commonwealth land means land the property of the Commonwealth and includes any other land:
(a) in which the Commonwealth has a legal or equitable estate or interest; or
(b) over or in connexion with which the Commonwealth has a right, power or privilege.
14 Regulations
(1) The regulations may make provision for ensuring the safety of persons who are, and the protection from damage of property that is, in or in the vicinity of a Commonwealth explosives area.
(2) Without limiting the generality of subsection (1), the regulations may make provision:
(a) for or in relation to, or for or in relation to any matter arising out of or incidental to, the handling of explosives and other goods in or in the vicinity of a Commonwealth explosives area;
(b) for or in relation to safety measures to be observed in or in the vicinity of a Commonwealth explosives area;
(c) prohibiting or regulating the entry of persons, vehicles, aircraft and vessels into, and the movement of persons, vehicles, aircraft and vessels within or over, a Commonwealth explosives area;
(d) for or in relation to the berthing of vessels in a Commonwealth explosives area; and
(e) prescribing fees to be paid in respect of the use of facilities or services maintained, operated or provided by the Commonwealth in a Commonwealth explosives area.
Part IV—Miscellaneous
15 Orders
The regulations may empower a person to provide, by order, for any matter that may be provided for by the regulations.
16 General provisions applicable to orders
(1) Orders made under the regulations are legislative instruments.
(4) Where the regulations confer power to make orders, the power includes, unless the contrary intention appears, power exercisable in the like manner, and subject to the like conditions (if any), to repeal, revoke, amend or vary an order so made.
17 Date from which orders take effect
An order made under the regulations takes effect from the date of notification of the order, or on such later date as is prescribed or as is fixed under the regulations.
18 Proof of instruments
Evidence of an order or other instrument made or issued by a Minister or other person in pursuance of a provision contained in, or having effect under, the regulations may, in any legal proceedings, be given by the production of:
(a) a document purporting to be that order or other instrument and to be signed by the Minister or that other person; or
(b) a document purporting to be certified to be a true copy of that order or other instrument by or on behalf of the Minister or that other person.
19 Committees of advice
The Regulations may make provision for or in relation to the establishment, and the functions and powers, of committees to advise the Minister on matters relating to, or to the handling of, explosives.
20 Offences
A person who contravenes, or fails to comply with, a provision of the regulations or of an order made under the regulations commits an offence against this Act punishable upon conviction by:
(a) a fine not exceeding $1,000 or imprisonment for a term not exceeding 6 months, or both, and in addition, if the offence is a continuing offence, by a fine not exceeding $200 for each day during which the offence continues; or
(b) such lesser penalty as is prescribed.
21 Regulations
The Governor‑General may make regulations, not inconsistent with this Act, prescribing all matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
LIA = Legislative Instruments Act 2003 | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3—Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Explosives Act 1961 | 65, 1961 | 24 Oct 1961 | 30 July 1962 (s 2 and gaz 1962, p. 2641) | |
Explosives Act 1964 | 47, 1964 | 28 May 1964 | 4 Feb 1965 (s 2 and gaz 1965, p. 639) | — |
Statute Law Revision (Decimal Currency) Act 1966 | 93, 1966 | 29 Oct 1966 | First Sch and Second Sch: 1 Dec 1966 (s 2(1)) | — |
Statute Law Revision Act 1973 | 216, 1973 | 19 Dec 1973 | s 9(1), 10, Sch 1 and Sch 2: 31 Dec 1973 (s 2) | s 9(1) and 10 |
Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 | 80, 1982 | 22 Sept 1982 | s 103–106: 20 Oct 1982 (s 2(16)) | — |
Statutory Instruments (Tabling and Disallowance) Legislation Amendment Act 1988 | 99, 1988 | 2 Dec 1988 | Sch: 2 Dec 1988 (s 2) | — |
Transport and Regional Services Legislation Amendment (Application of Criminal Code) Act 2001 | 143, 2001 | 1 Oct 2001 | s 4 and Sch 3 (item 53): 2 Oct 2001 (s 2) | s 4 |
Defence Legislation Amendment Act (No. 1) 2005 | 121, 2005 | 6 Oct 2005 | Sch 5 (item 24): 1 Jan 2005 (s 2(1) (item 3) | — |
Statute Law Revision Act (No. 2) 2015 | 145, 2015 | 12 Nov 2015 | Sch 3 (item 13): 10 Dec 2015 (s 2(1) item 7) | — |
Statute Law Revision Act (No. 1) 2016 | 4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 162): 10 Mar 2016 (s 2(1) item 6) | — |
Endnote 4—Amendment history
Provision affected | How affected |
Part I | |
s 3..................... | am No 47, 1964 |
| rep No 216, 1973 |
s 4..................... | rep No 216, 1973 |
s 5..................... | am No 80, 1982 |
s 6..................... | am No 216, 1973, No 145, 2015 |
s 7..................... | am No 216, 1973 |
s 7A.................... | ad No 143, 2001 |
Part II | |
Part II heading............. | rs No 47, 1964 |
s 9..................... | am No 47, 1964; No 216, 1973 |
s 10.................... | am No 216, 1973 |
s 11.................... | am No 47, 1964; No 80, 1982 |
s 11A................... | ad No 47, 1964 |
| am No 80, 1982 |
s 12.................... | am No 80, 1982 |
Part III | |
s 14.................... | am No 80, 1982 |
Part IV | |
s 16.................... | am No 80, 1982; No 99, 1988; No 121, 2005 |
s 17.................... | rs No 80, 1982 |
s 20.................... | am No 93, 1966; No 80, 1982; No 4, 2016 |
