Defence is currently undertaking a review of the Explosives Act 1961 (the Act) and the recently remade Explosives Regulations 2024. The review will propose reforms to deliver a modern principles-based framework for Commonwealth explosives used for national defence.
In addition to contemporising the legislative framework for Commonwealth explosives, the proposed reforms will align with Australia’s changing strategic defence environment and corresponding Government direction in the 2023 Defence Strategic Review and 2024 National Defence Strategy.
A key objective of the reforms is to meaningfully improve safety and security outcomes for Commonwealth explosives by minimising the risk to individuals, the community and the environment. This will enhance operational effectiveness for the Commonwealth and visiting foreign forces through the consistent application of regulatory compliance obligations for Commonwealth explosives.
Defence has administrative responsibility for the Act and is responsible for delivering updated Commonwealth explosives legislation. Initial Government consideration of the reformed Act and regulations is expected in 2025.
Remaking the Regulations
To ensure legislative continuity while the broader reforms are undertaken, the Explosives Transport Regulations 2002 and the Explosives Areas Regulations 2003 have been remade into a single, modernised legislative instrument, correcting out of date references and web links. The Explosives Regulations 2024 commenced on 27 September 2024.
A rubric has been developed to support cross-referencing between the previous Explosives Transport Regulations 2002 and Explosives Areas Regulations 2003 and the new consolidated Explosives Regulations 2024.