Proposed Bill to prohibit DV Respondents from holding explosives licence

Following on from the Queensland Government’s Not Now Not Ever policy, the Land, Explosives and Other Legislation Amendment Bill has been introduced into parliament.  The aim of the proposed legislation is to prohibit those with Domestic and Family Violence protection orders against them from holding an explosives licence.

Currently Queensland is the largest user of explosives in Australia, predominately in the mining industry, using approximately one third of the three million tonnes consumed annually.

In Queensland, ‘explosives’ is defined in Schedule 2 of the Explosives Act and includes:

  1. ammunition,
  2. blasting explosives,
  3. distress signals,
  4. flares,
  5. fireworks,
  6. propellants; and
  7. pyrotechnics.

The Bill will amend the Explosives Act 1999 to prohibit a person who is the subject of a domestic violence order from obtaining an explosives licence, or alternatively, if they are in possession of a licence the licence will be immediately suspended.

It has always been the case that a Respondent to a DV order was unable to possess a firearm, however the proposed legislation will have far reaching consequences, particularly given the wide definition of ‘explosives’ under the act.

Employees who are required to hold an explosives licence to either purchase, possess, use, transport and store explosives will be unable to maintain their employment.  With DV orders now generally in operation for five years there will be some real concern if this legislation is to pass.

Process

The chief inspector may decide to give a security clearance to the applicant only if satisfied the applicant is a suitable person to hold the security clearance. In making the determination the chief inspector is to consider the applicants criminal history and relevantly whether the applicant has, at any time, been named as the respondent in a  domestic violence order or police  protection notice; and whether release conditions have, at any  time, been imposed on the applicant under the Domestic and Family Violence Protection Act 2012, section 125;

In particular the Applicant will be deemed not to be a suitable person to hold the security clearance if either:

  1. the applicant is named as the respondent in a  domestic violence order, or police protection notice, that is in force; or
  2. release conditions have been imposed on the applicant under the Domestic and Family Violence Protection Act 2012, section 125 and the release conditions are in force.

For assistance with Domestic Violence legislation, Gatenby Criminal Lawyers are able to assist.

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For specific legal advice you should immediately contact Gatenby Criminal Lawyers on (07) 5580 0120.

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