Part 2 Offences relating to explosives

6   Licences required for handling explosives and explosive precursors

(1)  A person must not handle an explosive or explosive precursor if:

(a)  the regulations require the handling to be authorised by a licence under this Act, and

(b)  the person is not authorised to do so by a licence under this Act.

Maximum penalty:

(a)  in the case of a corporation—500 penalty units, or

(b)  in the case of an individual—250 penalty units or imprisonment for 12 months, or both.

Note. An offence against subsection (1) committed by a corporation is an executive liability offence attracting executive liability for a director or other person involved in the management of the corporation—see section 33.

(2)  Without limiting subsection (1) (a), the regulations may require licensing by reference to the following:

(a)  the class or type of explosive or explosive precursor,

(b)  the kind of handling of the explosive or explosive precursor,

(c)  the circumstances of the handling of the explosive or explosive precursor.

7   Conveyance of explosives

A person conveying an explosive must at all times take all precautions that are necessary to prevent access to the explosive by persons not lawfully entitled to have access to the explosive.

Maximum penalty:

(a)  in the case of a corporation—500 penalty units, or

(b)  in the case of an individual—250 penalty units.

8   Negligent handling of explosives

(1)  A person must not negligently handle any explosives in such a manner or in such circumstances as:

(a)  to endanger or be likely to endanger the life of any person, or

(b)  to cause or be likely to cause injury to any person, or

(c)  to damage or be likely to cause damage to any property belonging to any other person.

Maximum penalty:

(a)  in the case of a corporation—500 penalty units, or

(b)  in the case of an individual—250 penalty units or imprisonment for 12 months, or both.

(2)  A person is not guilty of an offence under subsection (1) (c) if the person satisfies the court that the owner of the property concerned had consented to its damage.

9   Supply of explosives to minors

(1)  Subject to subsection (2), a person must not sell or otherwise supply any explosive to a person who is under the age of 18 years (a minor).

Maximum penalty: 50 penalty units.

(2)  A person is not guilty of an offence under this section if the person satisfies the court that:

(a)  the person believed on reasonable grounds that the minor concerned had attained the age of 18 years, or

(b)  the minor concerned purchased or otherwise received the explosive in the course of the minor’s employment.