On 11 March 2024, a man was sentenced for two offences in the Southport Magistrates Court for failing to have the authority of the Chief Inspector to possess explosives pursuant to section 34(1) of the Explosives Act 1999 (‘the Act’) and using fireworks in a fireworks display in contravention of section 165 of the Explosives Regulation 2017 (‘the Regulation’).

The defendant operated a fireworks business in New South Wales and had arranged, as a favour for a friend, to conduct a fireworks display at a wedding on Hope Island. The man, who held a valid fireworks licence in New South Wales, made enquiries with the Explosives Inspectorate before the incident in relation to the relevant Queensland requirements. The Court found that he deliberately disobeyed the law, knowing that he did not hold the relevant licences to conduct fireworks displays in Queensland.

On 21 April 2022, the unauthorized wedding fireworks display saw three 20-25mm multi-shot cakes released, each cake containing 100 aerial shots. Other explosives included gerbs (large spark plumes creating a glitter fountain effect) for the entry of the bride and groom. The defendant did not hold a valid Queensland fireworks contractor licence or fireworks operator licence at the time of the incident.

In sentencing, Magistrate Pink considered the material placed before her and took into account the defendant’s early plea of guilty, the principles specified in the Penalties and Sentences Act 1992, and the defendant’s personal circumstances surrounding the incident. Her Honour placed emphasis on the non-compliance with Queensland requirements and noted that, as a professional in New South Wales, he ought to have known better.

The sentencing Magistrate also focused on the need for general deterrence, explaining that the purpose of the licencing system was to ensure fireworks displays are conducted safely and without risk to the community. Her Honour was not persuaded to order a good behaviour bond and accepted that a substantial fine was required to maintain confidence in the licencing regime.

Despite a finding that the defendant had deliberately and knowingly contravened Queensland law, Her Honour balanced this against the mitigating features which included his remorse and cooperation with authorities.

Her Honour exercised her discretion not to record a conviction and fined the defendant $2,000 in addition to $750 in professional costs and $101.40 in Court costs. He was given 90 days to pay.

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