Compilation #9 | Effective 2024-12-11
FRBR Work URI: /akn/au/act/1961/65
This Act may be cited as the Explosives Act 1961.
This Act shall come into operation on a date to be fixed by Proclamation.
In this Act, unless the contrary intention appears:
explosives means:
substances or articles capable of producing an explosive, incendiary or pyrotechnic effect;
substances or articles prescribed by the regulations to be explosives; or
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.
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.
This Act extends to all the Territories.
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.
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.
In this Part, vessel does not include a vessel belonging to the naval forces of the Commonwealth or of another part of the Sovereign’s dominions.
This Part applies to explosives that:
are the property of, or are in the possession or control of, the Commonwealth;
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
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.
The regulations may make provision:
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
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.
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.
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.
The regulations may provide that where:
the port specified in an order referred to in subsection (1) is a prescribed port; and
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.
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.
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.
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.
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 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:section 10 of the
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.
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: in which the Commonwealth has a legal or equitable estate or interest; or over or in connexion with which the Commonwealth has a right, power or privilege.
in which the Commonwealth has a legal or equitable estate or interest; or
over or in connexion with which the Commonwealth has a right, power or privilege.
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.
Without limiting the generality of subsection (1), the regulations may make provision:
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;
for or in relation to safety measures to be observed in or in the vicinity of a Commonwealth explosives area;
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;
for or in relation to the berthing of vessels in a Commonwealth explosives area; and
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.
The regulations may empower a person to provide, by order, for any matter that may be provided for by the regulations.
Orders made under the regulations are legislative instruments.
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.
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.
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 document purporting to be that order or other instrument and to be signed by the Minister or that other person; or
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.
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.
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:
imprisonment for a term not exceeding 6 months or a fine not exceeding 10 penalty units, or both, and in addition, if the offence is a continuing offence, by a fine not exceeding 2 penalty units for each day during which the offence continues; or
such lesser penalty as is prescribed.
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— E ndnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history— E ndnotes 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 how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under Legislation Act 2003.section 15V of the
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history