Disclaimer: Reports are provided as a summary only. They are not a verbatim account of the court proceedings and do not contain all details placed before the court. They are not intended to be used as a record of the court proceedings.

On 2 September 2026, a fireworks display company was sentenced in the Maroochydore Magistrates Court for breaching section 18(2) of the Explosives Act 1999 (Qld) (‘the Act’), having held an authority to store explosives and not complying with conditions imposed on the authority

The defendant held an authority under the Act permitting it to store explosives at its warehouse. The authority permitted the storage of a maximum net explosive quantity (NEQ) of 995kg of fireworks classified as 1.1G and 350kg classified as 1.3G or 1.4G. The total authorised NEQ was therefore 1,345kg.

On 8 August 2023, Resources Safety and Health Queensland (‘RSHQ’) inspectors executed a search warrant at the premises. The defendant’s stock records showed that the fireworks had a total NEQ of 1,552.8385kg. Inspectors also found two boxes, each containing 25 kg of gunpowder, in the main magazine. Gunpowder is classified as 1.1D. The defendant was permitted to store a maximum amount of 30kg of gunpowder. The defendant’s fireworks and gunpowder were seized.

The defendant therefore committed two breaches of the conditions of its authority:

  • Charge 1: exceeding the authorised maximum net explosive quantity (‘NEQ’) by approximately 207.8385kg.
  • Charge 2: storing 50kg of gunpowder, which was more than the maximum permitted amount of 30kg.

In sentencing, Magistrate Callaghan took into account the pleas of guilty and recognised they were a demonstration of remorse for the offending and acceptance of responsibility. His Honour commented that the regulatory framework concerning fireworks was to prevent the “law of the jungle”.

His Honour acknowledged that the defendant was impacted by having its fireworks and gunpowder seized. The defendant had suffered a loss in turnover.

The defendant was fined a total of $5,000 for both charges. No conviction was recorded. A forfeiture order was made for some of the seized fireworks.

OWHSP contact: enquiries@owhsp.qld.gov.au

Court Report

General
Industry
Transport, postal and warehousing
Date of offence
Injury
Nil
Court
Maroochydore Magistrates Court
Magistrate or judge
Magistrate Callaghan
Decision date
Company
Legislation

Charge 1: Section 18(2) of the Explosives Act 1999
Charge 2: Section 18(2) of the Explosives Act 1999

Plea
Guilty
Penalty
Charge 1 and Charge 2: $5,000
Maximum fine available
Charge 1: $154,800; Charge 2: $154,800
Professional and legal costs
$1,500 professional costs; $12,000 to Resources Safety and Health Queensland (‘RSHQ’) for the reasonable costs incurred by RSHQ for investigation and storage.
Court costs
$111.70 filing fee
In default period
N/A
Time to pay
Referred to SPER
Conviction recorded
No