On 31 October 2025, a worker was sentenced in the Maroochydore Magistrates Court for breaching section 99 of the Explosives Act 1999 (Qld) (‘the Act’), having given false or misleading information to an inspector.
On 8 August 2023, Resources Safety and Health Queensland inspectors executed a search warrant on a fireworks company’s storage and workshop area located at Tanawha. The defendant is an employee of the company.
During the execution of the search warrant, a large amount of explosives were located inside a Hino Truck. The Hino Truck was not authorised to store explosives.
The defendant stated to an inspector under the Act, that the truck had only been loaded that morning because of a leak to the roof of the main magazine. The inspector confirmed this in an audio recording where the inspector said to the defendant that he (the defendant) had told him that this (the fireworks) “has come out of the rear magazine this morning”, to which the defendant responded “yep”.
CCTV footage from the offence location showed the Hino Truck was moved into the location in which it was found on 31 July 2023 and was not moved or loaded with fireworks from then until the execution of the search warrant on 8 August 2023. The defendant knew that the information he gave to the inspector was false or misleading in nature, in that the fireworks were on the truck 8 August.
In sentencing, Magistrate Madsen took into account the early plea of guilty and accepted that the plea of guilty was a demonstration of remorse for the offending.
His Honour had regard to the defendant’s youth, lack of criminal history, circumstances of the offending and the maximum penalty for the offence at the time it was committed. His Honour also had regard to the need for compliance with investigative regimes.
Taking into account all matters, his Honour imposed a fine of $850. His Honour exercised his discretion to not record a conviction.
OWHSP contact: enquiries@owhsp.qld.gov.au
Section 99 of the Explosives Act 1999 (Qld)