Explosives Bill 2024 (SA)

South Australia Explosives Bill 2023 A Bill For An Act to provide for matters relating to explosives, to make related amendments to the Tattooing Industry Control Act 2015 and the Work Health and Safety Act 2012, to repeal the Explosives Act 1936 and for other purposes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Objects of Act 4 Interpretation 5 Explosives 6 Interaction with other Acts 7 Civil remedies not affected Part 2—Duties for safety and security Division 1—Duties 8 Safety duty 9 Security duty Division 2—Offences 10 Failure to comply with duty with knowledge or indifference—Category 1 11 Failure to comply with duty with indifference—Category 2 12 Failure to comply with duty—Category 3 13 Failure to comply with duty—Category 4 14 Alternative with lesser penalty Part 3—Regulator 15 Regulator 16 Functions Part 4—Authorisations Division 1—Register of authorisations 17 Register of authorisations Division 2—Authorisations—General 18 Authorisations 19 Determination of application 20 Classification 21 Period of authorisation 22 Renewal of authorisation 23 Variation of authorisation 24 Cancellation of authorisation 25 Corresponding law authorisations Division 3—Applications 26 Form of application Division 4—Unauthorised explosives 27 Unauthorised explosives Part 5—Prohibited explosives 28 Prohibited explosives Part 6—Licensing Division 1—Requirement to hold licence 29 Requirement to hold licence 30 Requirement to produce licence Division 2—Activity licences 31 Activity licence Division 3—Occupational licences 32 Occupational licences Division 4—General provisions 33 Grant or renewal of licence 34 Term of licence 35 Licence non-transferable 36 Surrender of licence 37 Corresponding law licences 38 Application 39 Safety, security and emergency plans 40 Criteria—general 41 Security clearance 42 Fit and proper person Division 5—Suspension, cancellation, extension or variation 43 Variation of licence 44 Suspension, cancellation or variation of licence or approval by Regulator 45 Extension or reinstatement of licence Division 6—Licence conditions 46 Licence conditions 47 Offence to contravene licence conditions 48 Responsible person 49 Reporting of loss, theft or unauthorised interference Division 7—Reconsideration of decisions 50 Reconsideration of decisions Part 7—Enforcement measures Division 1—General Subdivision 1—Authorised persons 51 Interpretation 52 Appointment of authorised persons 53 Identification of authorised persons 54 Warrant procedures Subdivision 2—Powers of entry 55 Power to enter 56 Entry into residential premises 57 General powers of authorised persons Subdivision 3—Miscellaneous 58 Provisions relating to seizure 59 Offence to hinder etc authorised persons Division 2—Improvement and prohibition notices Subdivision 1—Improvement notices 60 Issue of improvement notices 61 Contents of improvement notices 62 Compliance with improvement notice 63 Extension of time for compliance with improvement notices Subdivision 2—Prohibition notices 64 Power to issue prohibition notice 65 Contents of prohibition notice 66 Compliance with prohibition notice 67 Remedial action 68 Costs of remedial or other action Subdivision 3—General requirements applying to improvement and prohibition notices 69 Directions in notices 70 Changes to notice by authorised person 71 Regulator may vary or cancel notice 72 Formal irregularities or defects in notice Division 3—Other matters 73 Self-incrimination 74 Notification of certain situations 75 Power to recall 76 Action in emergencies 77 Review of notices by Regulator Part 8—Reviews 78 Reviews Part 9—Miscellaneous 79 Exemptions 80 Delegation by Minister or Regulator 81 Forfeiture of explosive on conviction 82 Prohibiting offender from involvement with explosives 83 Adverse publicity orders 84 False or misleading statements 85 Statutory declaration 86 Confidentiality of information 87 Giving of notice 88 General defence 89 Notice of defences 90 Proof of intention etc for offences 91 Imputation in proceedings of conduct or state of mind of officer, employee etc 92 Statement of officer evidence against body corporate 93 Liability of officers of body corporate 94 Continuing offences 95 Commencement of proceedings for summary offences 96 Evidence 97 Recovery of administrative and technical costs associated with contraventions 98 Cost recovery for dealing with dangerous situations 99 Government magazine 100 Harbors and vessels 101 Prohibition of explosives being transported on prescribed roads 102 Compulsory acquisition of land 103 Requirement to return licence on request 104 Regulations and fee notices Schedule 1—Amendments, repeals and transitional provisions Part 1—Amendment of Tattooing Industry Control Act 2015 1 Amendment of section 21—Offence to possess certain items in premises where tattooing services provided 2 Amendment of section 22—Further powers of police officers—random weapon and explosive searches Part 2—Amendment of Work Health and Safety Act 2012 3 Amendment of section 4—Definitions Part 3—Repeals 4 Repeal of Explosives Act 1936 5 Repeal of regulations under Explosives Act 1936 Part 4—Transitional provisions 6 Preliminary 7 Licences and conditions 8 Permits to purchase explosives 9 Register 10 Appointment of authorised persons 11 Functions and powers of authorised persons 12 Exemptions