Problem being addressed
The ability to access, transport and use explosives in a safe and secure manner is essential for fulfilling the unique operational requirements of the Commonwealth Government Agencies such as the Department of Defence (including visiting foreign government officials), the Department of Home Affairs, the Australian Federal Police, and contractors, acting on the behalf of Commonwealth agencies. These stakeholders use explosives for training, operations, research and development, and various other purposes.
The importance of explosives in achieving Commonwealth objectives creates the need for a consistent, legally entrenched, modernised explosives regulatory regime. This regime must meet the needs of the Commonwealth, as well as other impacted stakeholders, including individuals, the community, industry, and State and Territory governments.
Proposal
The current Commonwealth explosives regulatory regime is comprised of a principal act, the Explosives Act 1961, and two subsidiary regulations – the Explosives Transport Regulations 2002 and the Explosives Areas Regulation 2003. These two regulations are due to sunset on 1 October 2024 and must be remade or replaced for Commonwealth explosives to continue to be regulated.
In early 2019, the Department of Defence conducted an initial review to consider whether the subsidiary regulations should sunset and if not, what action should be taken to ensure they are fit for purpose. The initial review concluded that the regulations should remain with amendment. A subsequent comprehensive review of the Commonwealth explosives regulatory regime identified avenues for reform across the entirety of the explosives legislative ecosystem, including both the principal act and subsidiary regulations.
Assessed RIS outcome
Early assessment
Assessment comments
The RIS is progressing well; it answers the first four RIS questions, summarises stakeholder consultation to date and outlines relevant categories of costs and benefits.
The RIS is suitable to inform an early decision. However, the RIS for final assessment will need further depth of analysis and address each of the seven RIS questions. In particular, the RIS will need to:
- Provide further specific examples that demonstrate the magnitude of the problem and the risks to be mitigated.
- Provide quantifiable indicators of success attached to the objectives of government action.
- Ensure the impact analysis is quantified where possible, following consultation on the Early Assessment RIS.