Explosives Offences (Tas)
In September 2025, the Tasmanian government passed legislation introducing new criminal offences involving the use or threatened use of explosives. The legislation also gives police additional powers to deal with explosives offences and to dispose of the items. This page outlines the new laws.
Legislation
The Justice Miscellaneous (Explosives Offences) Act 2025 made changes to the Criminal Code Act 1924 and to the Police Act 1935.
Reasons for the changes
The government stated that the new provisions were introduced to fill gaps in the existing legislation, particularly in respect of home-made explosive devices and substances.
Home-made explosives can be very unstable and posed a significant risk to police officers and members of the public.
Previous existing criminal offences relating to the possession of explosives required the accused to have had a specific intent, which can be difficult to prove, or else required the accused’s actions to have had an impact on the public.
The offences introduced during 2025 do not carry these requirements.
The use of explosives in the context of terrorist activity will not be captured by the new offences. Comprehensive legislation already exists to deal with the use of explosives for terrorist offences.
Summary and indictable offences
The new offences relating to explosive devices have been inserted into both the Criminal Code Act 1924 and the Police Act 1935.
A different maximum penalty applies for the summary offence and for the indictable offence.
This ensures that instances of the use of explosive devices and substances can be prosecuted at the level that is appropriate, taking into account the alleged circumstances.
Indictable offences
The following are now indictable offences under the Criminal Code Act 1924.
Using explosive devices
Under section 181A of the Criminal Code Act 1924, it is an offence to use, possess, supply or manufacture an explosive device without a reasonable excuse. The standard maximum penalty of 21 years imprisonment applies for this offence.
Using explosive substances
Under section 181B of the Criminal Code Act 1924, it is an offence to use, possess, supply or manufacture and explosive substance without a reasonable excuse. The standard maximum penalty of 21 years imprisonment applies for this offence.
Bomb hoax
Under section 181C of the Criminal Code At 1924, it is an offence to place or send a thing with the intention of causing a person to believe that the thing is likely to explode or ignite, or discharge a dangerous thing. The standard maximum penalty of 21 years imprisonment applies for this offence.
Summary offences
The following are now summary offences under the Police Act 1935.
Possess or use explosive devices
Under section 43 of the Police Act 1935, it is now an offence to use, possess, supply or manufacture an explosive device without a reasonable excuse.
It is also an offence under section 43 to possess or supply information about how to manufacture and explosive device without a reasonable excuse.
The maximum penalty for these offences is a fine of 50 penalty units, imprisonment for two years, or both.
Possess or use explosive substances
Under section 43I of the Police Act 1935, it is now an offence to use, possess, or supply an explosive substance in dangerous or suspicious circumstances without a reasonable excuse. This includes using all possessing the substances in circumstances that pose a significant risk of injury to a person or damage to property.
The maximum penalty for this offence is a fine of 50 penalty units, imprisonment for two years, or both.
Bomb hoax
Under section 43J of the Police Act 1935, it is now an offence to place or send a thing with the intention of causing a person to believe that the thing is likely to explode or ignite, or discharge a dangerous thing.
The maximum penalty for this offence is a fine of 50 penalty units, imprisonment for two years, or both.
New police powers
Under the new laws, the police may now do any of the following acts if they reasonably believe that a person is in possession of an explosive device or substance without a reasonable excuse:
- Detain and search the person
- Stop and search a vehicle the person is travelling in
- Break into or open any items found during a search
- Seize any items which they believe are explosive devices or substances, or which they believe are items intended to be used in connection with explosive devices or substances.
Forfeiture of materials
Senior police officers may destroy, render safe, or dispose of explosive devices or substances that are not to be used as evidence. If a senior police officer is satisfied that it is unsafe to store material as evidence, they may take samples of the material, and destroy, render safe, or dispose of the remainder of the material.
If you require legal advice or representation in any legal matter, please contact Go To Court Lawyers.
Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.