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Explosives information bulletin no. 74 | 21 July 2021 | Version 5

Who needs a security clearance for a licence or permit

Under Section 12A of the Explosives Act 1999 (the Act), an individual may apply for a security clearance. A security clearance is required for:

To be eligible for a security clearance, a person must:

The NCH and PMV checks are required to determine a person’s suitability to hold a security clearance. These checks are carried out as part of the application process.

If a person is issued a security clearance, they will be continuously monitored by the QPS and ASIO and any relevant offences will be communicated to the Inspectorate within 24 hours of the charge being laid. If this occurs, the security clearance holder will be requested to provide further information on this offence to the Inspectorate. The information provided will be kept strictly confidential.

Under section 12B(3) of the Explosives Act 1999, an applicant will not be regarded as a suitable person to hold a security clearance if they are:

Should a current authority holder become a respondent in any of the orders above, all authorities and their security clearance will be immediately suspended/cancelled.

The Chief Inspector will also consider the impact of any prior domestic violence orders, temporary protection orders or police protection orders / notices imposed against an applicant to determine whether the person is suitable to hold a security clearance.

Listed corporations applying for, or who hold, a security sensitive authority in Queensland must nominate a responsible person on behalf of the company. The responsible person must hold a security clearance or the Chief Inspector will refuse to issue the authority under section 17(1A) of the Explosives Act 1999.

Exceptions from requiring a security clearance

The following persons may not require a security clearance:

The list below identifies the types of explosives against the activity which authorities (licence or permit) are issued and whether a security clearance is required for the type of explosives handled for a particular authority. When using the table below, if a Yes and a No are the outcomes determined, the Yes always overrides the No.

Activity YES – Security clearance required NO – Security clearance not required

Import (Licence and permit)

Export (Licence and permit)

  • Blasting explosives
  • Fireworks
  • SSAN
  • Propellant powders
  • Fireworks compositions
  • Pyrotechnic compositions
  • Rocket motors greater than 62.5g
  • Power device cartridges
  • Unrestricted fireworks
  • Distress signals
  • Safety fuse and igniters
  • Small arms ammunition
  • Electric matches
  • Explosives designed to activate seatbelts, airbags, fire extinguishers, parachutes, circuit breakers and other devices listed by the chief inspector

Store (Licence and permit)

Transport (Licence)

  • Blasting explosives
  • Fireworks
  • SSAN
  • Propellants
  • Fireworks compositions
  • Pyrotechnic compositions
  • Rocket motors greater than 62.5g
  • Distress signals
  • Arms fairs -Permit to Store (if holder of a current Weapons Licence)
  • Small arms ammunition

Manufacture (Licence)

  • Blasting explosives
  • Fireworks
  • SSAN
  • Propellant powders
  • Fireworks compositions
  • Pyrotechnic compositions
  • Rocket motors greater than 62.5g
  • Small arms ammunition

Sell (Licence)

  • Blasting explosives
  • Fireworks
  • SSAN
  • Propellants
  • Fireworks compositions
  • Pyrotechnic compositions
  • Rocket motors greater than 62.5g
  • Small arms ammunition

Shotfirer (Licence)

  • Blasting explosives
  • SSAN

N/A

Explosives Driver Licence
  • Class 1 Category 1
  • Class 1 Category 2
  • Class 1 Category 3
  • Class 5.1
N/A

Fireworks Contractor (Licence

Fireworks Operator (Licence)

  • Outdoor fireworks
  • Close proximity fireworks
  • Strings of firecrackers
  • Pyrotechnic compositions
  • Propellant powders

N/A

Use (Licence except shotfirer, fireworks contractors and operators)

  • Blasting explosives
  • Fireworks
  • SSAN
  • Propellant powders
  • Fireworks compositions
  • Pyrotechnic compositions
  • Rocket motors greater than 62.5g
  • Small arms ammunition

Collectors’ Ammunition

N/A

N/A

Government magazine access card holders

  • All persons

N/A

Corporate licences and partnerships (security sensitive explosives only) where at least one partner is a corporation

  • Directors, owners, office bearers of a company (a private company and not a publicly listed company), association, cooperative or club
  • The nominated responsible person for a publicly listed company
  • Directors, owners, office bearers etc of a
    - publicly listed company (listed on a prescribed stock exchange)

Legend and definitions

ASIO: Australian Security Intelligence Organisation

Blasting explosives: means an explosive used for blasting or a similar effect and includes detonators, boosters, a cartridge, detonating cord, high explosives such as TNT, ANFO, PETN; explosives for petroleum, gas and geothermal operations.

Direct supervision: A person is within the continuous direction and observation of a person who holds a security clearance.

Distress signal: Distress signal means a packaged pyrotechnic substance used for signalling, warning, rescue or a similar purpose; and includes marine flares and signals, landing flares, highway fuses, line-carrying rockets and smoke generators.

Executive officer: A person who is part of a corporation that is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer.

Listed corporation: A company whose shares are quoted on a prescribed stock exchange.

NCH: A National Criminal History (NCH) check is conducted by the Queensland Police Service (QPS) that lists an individual’s disclosable court outcomes and pending charges of any offences in Australia, if any.

PMV: A Politically Motivated Violence (PMV) check is conducted by ASIO on an individual regarding violence perpetrated by people or governments to achieve political goals.

Relevant offences: As per s23A(3) of the Explosives Act 1999, a relevant offence is an offence:

Responsible person: for a listed corporation, means an executive officer or employee of the corporation who is nominated, by written notice given to the chief inspector, by the corporation as the responsible person for the corporation for matters relating to explosives.

SAA: small arms ammunition

SSAN: security sensitive ammonium nitrate

Unrestricted fireworks: Amorces and caps for toy pistols, Indoor table bombs, Model rocket motors—maximum weight 62.5g, Snaps for bon bon crackers, Sparklers, Starting pistol caps, Streamer cones and Indoor decorative fountains.

Unsupervised access: A person will be able to have access to an explosive other than in the presence, and under the direct supervision, of a person who holds a security clearance.

Authorised by Alex Mandl - Chief Inspector of Explosives

Contact:

Issued by Resources Safety & Health Queensland

General: This information is a guide only. It is not to be taken as a statement of law and must not be construed to waive or modify any legal obligation.

All information on this page (Who needs a security clearance for a licence or permit - https://www.rshq.qld.gov.au/safety-notices/explosives/security-check-licence-or-permit) is correct as of time of printing (Mar 28, 2024 11:29 pm).