Ruqayyah Snyder
In Australia, the use and possession of explosives are heavily regulated. The country has strict gun laws, and products containing ammonium nitrate emulsions and mixtures of greater than 45% AN are considered security sensitive and prohibited. Tannerite, a product used in exploding targets for rifles, is an explosive that likely falls under these regulations. Given the potential safety risks and legal consequences, it is important to understand the relevant laws and restrictions regarding Tannerite's legality in Australia.
| Characteristics | Values |
|---|---|
| Legality in Australia | Unclear |
| Legality in the U.S. | Legal to purchase and use, but requires a Federal explosives license or permit to obtain and transport |
| Safety precautions | Store at room temperature in a dry location, avoid metal, rock, or other surfaces that could produce flying debris or sparks |
| Noise | Respect local noise ordinances |
| Fire | Do not use near combustible materials or where a general fire order is in effect |
| Transportation | Transportation without a Federal license or permit is prohibited |
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What You'll Learn
Tannerite is used in exploding targets
Tannerite is a brand of exploding rifle targets. It is supplied as components that are not themselves explosive. However, when the components are combined, the resulting mixture is explosive. Tannerite was originally marketed as "non-incendiary", with the claim that it would not cause fires and only produced a large water vapour cloud upon detonation.
However, testing performed by the United States Forest Service in 2019 showed that Tannerite and other brands of exploding targets were capable of starting fires from burning aluminium particles. This has resulted in numerous wildfires, including the 2012 Goat Fire in Washington, which burned over 7,300 acres of land, and 12 fires in Utah between 2019 and 2020, which scorched nearly 7,000 acres.
In addition to the fire risk, Tannerite has also been implicated in causing deaths. The FBI has also warned that Tannerite can be used for illicit purposes by criminals and extremists, as the explosive precursor chemicals can be combined with other materials to manufacture explosives for use in improvised explosive devices (IEDs).
Due to these risks, there have been efforts to regulate exploding targets like Tannerite. In 2012, Maryland became the first state to regulate exploding targets, requiring users to be licensed. The United States Forest Service banned explosive targets on its property in five states (Colorado, Wyoming, South Dakota, Nebraska, and Kansas) in 2013 due to the targets igniting 16 fires on Forest Service lands. In 2015, Tennessee declared exploding targets, including Tannerite, illegal in the state, although there is an exception for their use in lawful sporting activities. Louisiana and New York have also passed legislation to include binary exploding targets, including Tannerite, in the definition of explosives, which require a permit for their purchase, ownership, possession, transportation, or use. In Vermont, a person must have a fireworks permit to use Tannerite, and select jurisdictions in California have also restricted the use of these products.
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Explosives laws in Australia
In South Australia, a major overhaul of explosives legislation has been passed, updating a bill first adopted in 1936. The new Explosives Act 2024 modernises and streamlines the state's explosives laws, introducing a licensing framework. This framework includes activity licences for manufacturing, importing, exporting, supplying, storing, transporting, or using explosives, and occupational licences for fireworks contractors, explosive drivers, and blasting. To obtain a licence, individuals must undergo security clearance and submit safety, security, and emergency plans.
The possession and use of explosives are heavily restricted in Australia. Prohibited weapons and dangerous articles, including explosives, are regulated to ensure public safety. The Summary Offences Act 1953 and the Criminal Law Consolidation Act 1935 have been amended to introduce new offences and penalties for the misuse of explosives. These laws grant additional authority to the police to investigate and manage explosive-related incidents.
While the specifics of Tannerite regulations in Australia are unclear, it is likely subject to strict control due to its explosive nature. Given the stringent laws surrounding explosives in Australia, it is essential to adhere to local regulations and obtain the necessary licences or permits to avoid legal repercussions.
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Transporting explosives in Australia
The Australian Dangerous Goods Code (ADG Code) is the primary regulatory framework governing the transportation of explosives. It sets out the requirements for classification, packaging, labelling, and documentation. The ADG Code also requires transport operators to develop a safety management plan that includes emergency response procedures and ensures that personnel handling the explosives are adequately trained and competent.
Another important code is the Australian Code for the Transport of Explosives by Road and Rail, also known as the Explosives Code. This code provides the regulatory framework and guidelines for the safe transport of explosives by road and rail across all states and territories in Australia. It is implemented by the federal Department of Infrastructure, Transport, Regional Development, and Communications.
To transport explosives in Australia, a licence is required. This licence specifies the type and quantity of explosives that can be transported and the person responsible for the licence must ensure compliance with all relevant regulations. Transporting explosives on prohibited routes requires additional approval, and any changes to the licence details, including the type, quantity, or location of explosives, must be reported within 14 days.
It is important to note that the transport of explosives is a complex and highly regulated process in Australia. The specific requirements and procedures may vary depending on the industry, activity, and type of explosive being transported. Understanding the risks and adhering to safety protocols are crucial to ensure the safe handling and transportation of explosives.
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Acquiring explosives in Australia
To import explosives into Australia, a separate licence is needed. This licence authorises the purchase, import, storage, supply, and, if approved, export of explosives and/or security-sensitive dangerous substances. The import of explosives must be declared to the relevant authorities at least two working days in advance, and all explosives must be classified by the appropriate regulatory body. Similar licences are required for the manufacture, transport, and supply of explosives.
In addition to the above, a licence is also required to sell explosives in Australia. This type of licence allows for the buying and selling of nominated explosives and the storage of limited quantities at a designated location. To obtain this licence, applicants must meet specific requirements, including security clearances and implementing a safety and security management system.
It is important to note that the regulations and requirements for acquiring explosives in Australia can vary by state and the intended use of the explosives. For example, in South Australia, the Statutes Amendments (Explosives) Act 2017 introduced a range of new offences and penalties for the possession and use of explosive devices, substances, and equipment. Therefore, it is crucial to refer to the specific legislation and regulations applicable to your state or territory when seeking to acquire explosives in Australia.
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Penalties for possessing explosives in Australia
Explosives and dangerous items are prohibited in Australia as they pose a risk to public safety. There are several laws in place that restrict or prohibit the possession and use of such items.
In New South Wales (NSW), it is an offence to possess, supply or make an explosive. The offence of possessing an explosive in a public place carries a maximum penalty of 5 years imprisonment. Meanwhile, possessing, supplying, or making an explosive under circumstances that give rise to a reasonable suspicion that it was not for a lawful purpose carries a maximum penalty of 3 years imprisonment or 50 penalty units, or both. Examples of this offence include mixing aluminium nitrate and fuel oil to blow something up, carrying dynamite in your backpack, or purchasing an explosive online for a friend.
In 2019, a 16-year-old boy in Adelaide was charged with possessing an explosive substance after boarding a public bus with a pipe bomb. The boy was charged with nine offences, including taking steps to manufacture an explosive and endangering life.
The Statutes Amendments (Explosives) Act 2017, which came into force on 1 May 2018, introduced a range of new offences and penalties for the possession and use of explosive devices, substances, and equipment in South Australia. The South Australian Police (SAPOL) advise that if anyone comes across any suspected explosives or dangerous items, they should not touch or attempt to move them and should immediately report the matter to the SAPOL Call Centre or emergency services, depending on the severity of the situation.
It is important to note that exemptions may be granted in certain cases, allowing individuals to possess prohibited items for legitimate and lawful purposes. However, police may prosecute anyone who does not comply with or meet the criteria for such exemptions.
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Frequently asked questions
Tannerite is a brand of binary rifle targets used for shooting practice.
It is unclear whether Tannerite is legal in Australia. One source suggests that it is banned, while another source suggests that it is unrestricted. However, Australian law prohibits the transportation of explosive materials without a federal license or permit.
Tannerite should only be used outdoors, away from people and combustible materials. It should also be stored at room temperature in a dry location, and users should respect local noise ordinances.
