Compliance Overview

Compliance Framework
Compliance Driver Explosives Act 2003 (NSW)
Classification Level 4
Local area requirement, managed locally .
Associated Legislation None
Associated Standards None
Associated Codes None
Associated Information None
Return to Top Administrative Information
Administrative Body
Administrative Name
Administrative Address  
Administrative Phone  
Administrative Email  
Administrative Website  
Return to Top General Introduction
VC Compliance Delegate Chris Armstrong, Deputy Vice-Chancellor Research
Compliance Coordinator Bonnie Mayes, Research Governance and Compliance Officer
Business Units Impacted
  • Ag360
  • Animal Genetics and Breeding Unit
  • Australian Business Research Institute
  • Centre for Agriculture and Law
  • Centre for Animal Research and Teaching
  • Centre for Applied Research in Social Science
  • Centre for Local Government
  • Collaborative Research Centres
  • Controlled Entities
  • Cotton Catchment Communities CRC
  • CRC for Beef Genetic Technologies
  • CRC for Spatial Information
  • Estate and Built Environment
  • Faculty of Humanities, Arts, Social Sciences and Education
  • Faculty of Medicine and Health
  • Faculty of Science, Agriculture, Business and Law
  • Graduate Research School
  • Heritage Futures Research Centre
  • Office of the Chief Financial Officer
  • Office of the Chief Operating Officer
  • Office of the Deputy Vice-Chancellor
  • Office of the Deputy Vice-Chancellor (Research)
  • Office of the Vice-Chancellor and CEO
  • Poultry Hub
  • Research Centres and Institutes
  • Research Services
  • Rural Properties
  • School of Education
  • School of Environmental and Rural Science
  • School of Health
  • School of Humanities, Arts and Social Sciences
  • School of Psychology
  • School of Rural Medicine
  • School of Science and Technology
  • The National Centre of Science, Information and Communication Technology, and Mathematics Education
Overview This Act provides for the regulation and control of the handling of explosives and explosive precursors, and to provide for the regulation of certain other dangerous goods. Licences are required for handling explosives and explosive precursors, and security clearance must be held in certain circumstances.

Compliance Obligations

Return to Top Cooperate with inspectors and comply with regulatory authority directions
Description Cooperate with inspectors exercising functions under the Act or regulations. Do not obstruct, hinder, impede, intimidate, or threaten inspectors. Comply with directions given by inspectors. Provide information and documents as requested by inspectors. Allow inspectors to exercise powers under Work Health and Safety Act 2011 (as applied by this Act), including entry to premises, inspection powers, and seizure powers.
Impacts - Criminal penalties: Up to 315 penalty units for individuals (1,050 penalty units for corporations) for obstructing, hindering, impeding, intimidating, or threatening inspectors (s28).
- WHS Act powers applied: Work Health and Safety Act 2011 Part 8 Division 2 (inspector powers) and Part 9 (enforcement) apply, including powers to enter premises, require documents/information, seize things, and issue notices (s27).
- Forfeiture regime: Things may be forfeited to the State if regulator reasonably believes necessary to prevent use in committing offence (s27, s24G).
- Retention, testing, and destruction: Regulatory authority may retain forfeited explosives, direct analyst testing, obtain certificates of analysis, and order destruction after prescribed procedures (Part 3A, ss24I-24L).
- Information disclosure restrictions: Information obtained under Act subject to confidentiality provisions with specified exceptions (s35).
- Review rights: Affected persons may apply to Local Court for review of certificate of analysis within 28 days (s24M).
Responsible Manager Chris Armstrong, Deputy Vice-Chancellor Research
Coordinating Officer Bonnie Mayes, Research Governance and Compliance Officer
Coordinating Unit Research Services
Oversight Committee/Group None
Business Units Impacted
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Handle and transport explosives safely and prevent unauthorized access
Description Take all necessary precautions at all times to prevent unauthorized access to explosives during transport. Handle explosives in a manner that does not negligently endanger life, cause injury, or damage property. Prevent unauthorized entry to premises where explosives are manufactured or stored. Do not supply explosives to persons under 18 years of age (minors) unless supplied in course of minor's employment or believed on reasonable grounds to be 18+.
Impacts - Criminal penalties: Up to 350 penalty units for individuals (700 penalty units for corporations) for failing to prevent unauthorized access during transport (s7); up to 350 penalty units or 12 months imprisonment (or both) for negligent handling (s8); 70 penalty units for supplying to minors (s9); up to 250 penalty units for unauthorized entry to explosives premises (s27A).
- Continuous duty: Obligation to prevent unauthorized access applies at all times during transport (s7).
- Negligence standard: Must not handle in manner/circumstances likely to endanger life, injure, or damage property (s8(1)).
- Authorized entry only: Only licence holders, employees, authorized persons, inspectors, or police may enter explosives manufacturing/storage premises (s27A).
- Removal powers: Authorized persons may direct unauthorized persons to leave premises and use reasonable force if necessary (s27A(2)).
Responsible Manager Chris Armstrong, Deputy Vice-Chancellor Research
Coordinating Officer Bonnie Mayes, Research Governance and Compliance Officer
Coordinating Unit Research Services
Oversight Committee/Group None
Business Units Impacted
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Obtain licences and security clearances for handling explosives and explosive precursors
Description Obtain appropriate licences from the regulatory authority (SafeWork NSW) before handling any explosive or explosive precursor if required by the Act or regulations. Natural persons handling explosives or explosive precursors must hold a valid security clearance. Licences and security clearances are subject to conditions prescribed by regulations or imposed by the regulatory authority and must be renewed within specified periods. Only handle authorised explosives.
Impacts - Criminal penalties: Up to 350 penalty units or 12 months imprisonment (or both) for individuals handling explosives without required licence; 700 penalty units for corporations (s6(1)); 350 penalty units for handling without required security clearance (s6A); 70 penalty units for breaching licence conditions (s16AG); 50 penalty units for breaching security clearance conditions (s15).
- Security clearance prerequisites: Natural persons require valid security clearance to obtain licence (s10A(1)); corporations require at least one responsible person with clearance (s10A(2)).
- Eligibility requirements: Must be at least 18 years of age and fit and proper person (ss13B(2), 16AC).
- Commissioner of Police reporting: Provides reports on criminal history, violence history, firearms prohibition orders, and fitness to hold licence/clearance (s13).
- Suspension and cancellation: May be suspended for prosecutions or non-compliance (s20); cancelled for convictions, breaches, false information, or unfitness (s21); special provisions for violence concerns or apprehended violence orders (s22).
- AAT review rights: Decisions subject to Civil and Administrative Tribunal review within 28 days (s24).
- Executive liability: Directors/managers personally liable for corporate licence offences if fail to take reasonable steps to prevent offence (s33).
- Surrender obligation: Suspended/cancelled licences must be delivered to regulatory authority (s23).
Responsible Manager Chris Armstrong, Deputy Vice-Chancellor Research
Coordinating Officer Bonnie Mayes, Research Governance and Compliance Officer
Coordinating Unit Research Services
Oversight Committee/Group None
Business Units Impacted
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites
 
Return to Top Use only authorised explosives and comply with authorisation conditions
Description Use only explosives that have been authorised by the regulatory authority under Part 2A of the Act. If manufacturing, importing, or supplying explosives, apply for authorisation in approved form with required documents, samples, and fees. Comply with any conditions imposed on explosives authorisations. The regulatory authority maintains a publicly available register of authorised explosives.
Impacts - Authorisation requirement: Only authorised explosives may be used (Schedule 3 definition; s36(2)(iab) regulations may prohibit unauthorised explosives).
- Application obligations: Must provide specified documents, application fee, and explosive samples for testing if requested (s9A).
- Deemed refusal: Application taken as refused if not decided within 3 months (s9B(2)).
- Conditions regime: Regulatory authority may impose, vary, or revoke conditions by written notice (s9B(3)); authorisations remain in force until cancelled (s9B(5)).
- Cancellation grounds: May be cancelled if cancelled in another jurisdiction, on safety/public interest grounds, no ongoing effect, or prescribed grounds; no compensation payable (s9E).
- Cancellation process: Requires 30 days written notice and opportunity for submissions before cancellation; effected by public notice and removal from register (s9F).
- Register requirements: Regulatory authority must maintain publicly available register of authorised explosives (s9C, s9D).
Responsible Manager Chris Armstrong, Deputy Vice-Chancellor Research
Coordinating Officer Bonnie Mayes, Research Governance and Compliance Officer
Coordinating Unit Research Services
Oversight Committee/Group None
Business Units Impacted
Obligation Framework
Associated Legislation None
Associated Standard None
Associated Code None
Associated Information None
Management Tools
Rule None
Policy None
Protocol None
Procedure None
Guideline None
Other Websites