Division 6 Records

75   Records to be kept by licensee for keeping or manufacture of explosives

(1)  Subject to this clause, the holder of:

(a)  a licence for the keeping of explosives in or on premises, or

(b)  a licence under section 19 of the Act for the manufacture of explosives in or on premises otherwise than for immediate use,

      must, whenever in, on or from those premises explosives are purchased or received by the holder or sold or supplied to another person, immediately make or cause to be made in indelible ink, in a book conforming to subclause (4), a record of the matters referred to in subclause (2).

(2)  The matters a record of which is to be made or caused to be made are:

(a)  the name and address of the person from whom the explosives were purchased or received or to whom they were sold or supplied, and

(b)  in the case of:

(i)  the purchase or receipt of explosives from a person—the number of the licence or permit authorising that person to supply the explosives, or

(ii)  the sale or supply of explosives to a person—the number of the licence or permit authorising that person to receive the explosives, and

(c)  the date of the purchase, receipt, sale or supply, and

(d)  a description and the quantity of the explosives purchased, received, sold or supplied.

(3)  The holder of a licence referred to in subclause (1) must, whenever he or she causes or permits explosives to be used, immediately make or cause to be made in indelible ink in the book referred to in that subclause a record of the date of the use of the explosives and the description and quantity of the explosives used.

(4)  A book conforms to this subclause if the pages of the book are:

(a)  bound together by sewing or otherwise in such manner that a page cannot easily be removed, and

(b)  numbered consecutively.

(5)  A licensee or other person must not:

(a)  remove a page from a book, or

(b)  deface an entry or mark in a book, or in any records made under an authority under subclause (7), so as to make that entry or mark indecipherable, or

(c)  make an alteration in an entry made in a book or in such records unless the licensee who made the entry or caused it to be made attests the alteration by his or her signature.

(6)  The holder of a licence under section 8 or 19 of the Act:

(a)  must not commence to use or to cause to be used a book under subclause (1) unless it has been identified and marked by the officer in charge of the police station nearest to the licensed premises, and

(b)  when the use of the book is terminated, must produce it to the officer in charge of that police station for notation on it of the date on which the use was terminated.

(7)  The WorkCover Authority may issue to a person an authority in writing authorising him or her to make or cause to be made, in the manner specified in the authority, records of the matters referred to in subclause (2) and may cancel or vary the terms of that authority.

(8)  Subclause (1) does not apply to or in respect of:

(a)  the purchase, receipt, sale or supply of explosives in, on or from premises if the licensee of the premises is for the time being authorised under subclause (7) and makes or causes to be made a record of the purchase, receipt, sale or supply in accordance with the authority, or

(b)  the sale or supply, in, on or from premises licensed under section 19 of the Act, of explosives for immediate use.

(9)  The holder of a licence referred to in subclause (1) must:

(a)  periodically (but at least once every 3 months) carry out an audit of the explosives kept, manufactured, purchased, received, sold, supplied and used in, on or from the licensed premises during the audit period, and

(b)  keep a written record of each audit, and

(c)  immediately notify the local police station and the WorkCover Authority of any discrepancies discovered during an audit.

(10)  A licensee of premises who in accordance with this clause or an authority under subclause (7) makes or causes to be made a record must:

(a)  retain in or on the premises for a period of at least 3 years after the making of the record the book or other document in or on which it was made, and

(b)  retain the book or other document, in the case of premises licensed under:

(i)  section 8 of the Act—in or at a magazine, or

(ii)  section 19 of the Act—in the factory area, and

(c)  whenever required to do so within that period of 3 years by a police officer of or above the rank of sergeant produce the book or other document to that officer and allow him or her to inspect, examine and take copies of or extracts from it.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

76   Records to be kept by licensee of vehicle or vessel

(1)  The holder of a licence under section 10 of the Act in respect of a transport container must, whenever explosives are carried in the container:

(a)  make or cause to be made in indelible ink, in a book conforming to subclause (2), a record of:

(i)  a description and the quantity of the explosives, and

(ii)  the dates and places of loading and unloading of the explosives, and

(b)  on the delivery of the explosives, immediately present or cause to be presented to the prescribed person, for signature by that person, the book containing the record.

(2)  A book conforms to this subclause if the pages of the book are:

(a)  bound together by sewing or otherwise in such manner that a page cannot easily be removed, and

(b)  numbered consecutively.

(3)  The prescribed person referred to in subclause (1) (b) is, in relation to explosives delivered to:

(a)  a magazine—the person for the time being in charge or apparently in charge of the magazine, or

(b)  any other place—the person for the time being in charge or apparently in charge of the receipt of the explosives.

(4)  The prescribed person must, when a book containing a record in respect of explosives delivered to and accepted by him or her is presented to him or her in accordance with subclause (1) (b), immediately sign the book opposite that record in such manner as to indicate his or her receipt of the recorded description and quantity of those explosives.

(5)  A licensee or other person must not:

(a)  remove a page from a book, or

(b)  deface an entry or mark in a book so as to make the entry or mark indecipherable, or

(c)  make an alteration in an entry made in a book unless the licensee who made the entry or caused it to be made attests the alteration by his or her signature.

(6)  A person who in accordance with this clause makes or causes to be made a record in a book must retain the book for a period of at least 12 months after the making of the record.

Contravention of this clause is an offence and is punishable in accordance with clause 340.

77   Records to be kept by licensee for importation or sale of explosives

(1)  Subject to this clause, the holder of a licence under section 17 or 21 of the Act must, whenever explosives are imported or sold under the authority of the licence or are supplied by him or her or on his or her behalf to any person, immediately make or cause to be made in indelible ink, in a book conforming to subclause (2), a record of:

(a)  in the case of an importation of explosives:

(i)  the date of importation, and

(ii)  a description and the quantity, and

(iii)  the place of loading, and

(iv)  the means of importation, and

(v)  the method of transhipment after the arrival in the State,

      of the explosives, and

(b)  in the case of a sale or supply of explosives to another person:

(i)  the name and address of the person to whom they were sold or supplied, and

(ii)  the number of the licence or permit by virtue of which that person received them, and

(iii)  the date on which the sale or supply took place, and

(iv)  a description and the quantity of the explosives sold or supplied.

(2)  A book conforms to this subclause if the pages of the book are:

(a)  bound together by sewing or otherwise in such manner that a page cannot easily be removed, and

(b)  numbered consecutively.

(3)  A licensee or other person must not:

(a)  remove a page from a book, or

(b)  deface an entry or mark in a book, or in any records made under an authority under subclause (4), so as to make that entry or mark indecipherable, or

(c)  make an alteration in an entry made in a book or in such records unless the licensee who made the entry or caused it to be made attests the alteration by his or her signature.

(4)  The WorkCover Authority may issue to a person an authority in writing authorising him or her to make or cause to be made, in a manner specified in the authority, records of the matters referred to in subclause (1) and may cancel or vary the terms of that authority.

(5)  Subclause (1) does not apply to or in respect of the importation, sale or supply of explosives under the authority of a licence, or by or on behalf of a licensee, if the licensee is for the time being authorised under subclause (4) and makes or causes to be made a record of the importation, sale or supply in accordance with the authority.

(6)  A licensee who in accordance with this clause or an authority under subclause (4) makes or causes to be made a record must:

(a)  retain for at least 12 months after the record is made the book or other document in or on which it was made, and

(b)  whenever required to do so within that period of 12 months by a police officer of or above the rank of sergeant produce the book or other record to that officer and allow him or her to inspect, examine and take copies of or extracts from it.

Contravention of this clause is an offence and is punishable in accordance with clause 340.