Explosives Act 1936

This Act may be cited as the Explosives

Act 1936.

In this Act, unless the context or subject matter otherwise requires—

boat means every vessel not a ship as herein defined which is used in navigation in any inland water or any port, whether propelled by oars or otherwise;

the Director means—

the person for the time being holding, or acting in, the office of the Chief Executive Officer of the Department of the Minister to whom the administration of this Act is committed; or

any other person directed by the Minister to exercise the powers of the Director under this Act;

explosive means—

gunpowder, nitro-glycerine, all compounds and mixtures containing nitro-glycerine, gun-cotton, blasting powder, fulminate of mercury or of other metal, coloured fires, and every other substance, whether similar to those abovementioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect; and

fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation of preparation of an explosive as above defined;

factory means a factory duly licensed for the manufacture of any explosives;

inspector means a police officer or a person appointed as an inspector of explosives under section 9;

licensed magazine means a magazine in respect of which a licence is in force under section 21 of this Act;

licensed premises means premises in respect of which a licence is in force under section 22 of this Act;

magazine includes any hulk appointed for the storage of explosives;

magazine-keeper means the person in charge of any Government magazine;

master includes every person (except a pilot) having command or charge of a ship, and when used in reference to any boat belonging to a ship means the master of the ship, and when used in reference to any other boat includes every person having command or charge of the boat;

Minister means the Minister of the Crown to whom for the time being the administration of this Act is committed by the

Governor;

port includes harbour, haven, roadstead, channel, and navigable creek, river, or lake;

prescribed quantity of any explosive means the quantity of any particular kind of explosive or of several different kinds prescribed by regulation for the purposes of the section in which the expression is used;

ship includes every description of vessel used in sea navigation, whether propelled by oars or otherwise;

vehicle includes any carriage, wagon, cart, truck, vehicle, or other means of conveying goods or passengers by land in whatever manner the same may be propelled.

The Governor may from time to time by proclamation declare that any substance which appears to be specially dangerous to life or property by reason of its explosive properties or any component of any such substance shall be deemed to be an explosive within the meaning of this Act or any Part of this

Act, and the provisions of this Act, or, as the case may be, the Part (subject to such exemptions, limitations, and restrictions as may be specified in the proclamation) shall accordingly extend to that substance in like manner as if it were included in the term

explosive.

The Governor may by proclamation revoke any such proclamation.

The Director may from time to time, with the consent of the

Governor, define for the purposes of this Act the composition, quality, and character of any explosive, and may classify explosives.

Where the composition, quality, or character of any explosive has been defined as aforesaid, any article alleged to be that explosive which differs from the definition in composition, quality, or character, whether by reason of deterioration or otherwise, shall not be deemed for the purposes of this Act to be the explosive so defined.

Any definition made pursuant to section 364 of the

Marine Board and Navigation Act 1881 shall, until varied or revoked by a definition made pursuant to this section, be deemed to be a definition made pursuant to this section.

Nothing in this Act shall extend to or be construed to apply to any ammunition the property of His Majesty or of His Majesty's Government of the

Commonwealth of Australia or of His Majesty's Government of South Australia, nor to the authorised carriage of ammunition to or from any of the King's ships or to or from any ships belonging to or used in the service of His Majesty's

Government of the Commonwealth or of South Australia, or the King's magazines.

Nothing in this Act shall be deemed to prohibit the filling, carrying, conveying, or storing of any safety cartridges for private use only, and not for sale, in such quantities as may be prescribed by regulation.

The Minister may, by notice in the Gazette, appoint a person to be an inspector of explosives for the purposes of this

Act.

Each inspector must be furnished with an appropriate identity card.

An inspector must produce the identity card for inspection by any person who questions his or her authority to exercise the powers of an inspector under this Act.

Every person who carries on any of the following processes, namely, the process of dividing into its component parts or otherwise breaking up or unmaking any explosive or making fit for use any damaged explosive, or the process of remaking, altering, or repairing any explosive, shall be subject to the provisions of this Part, as if he manufactured an explosive, and the expression manufacture shall in this Part be construed accordingly.

Every occupier of a factory shall, with the sanction of the

Minister, make special rules for the regulation of the persons managing or employed in or about the factory with a view to secure the observance of this

Part therein and the safety and proper discipline of the said persons and the safety of the public.

There may be annexed to any breach of special rules made in pursuance of this section such penalties not exceeding $750 for each offence as may be deemed just.

The occupier may, and if required by the Minister shall, with the sanction of the Minister repeal, alter, or add to any special rules made in pursuance of this section.

If an occupier is required by the Minister to make, repeal, alter, or add to any rules under this section, and fails within three months after such requisition to comply therewith to the satisfaction of the Minister, the

Minister may make, repeal, alter, or add to the special rules, and anything so done by the Minister shall have effect as if done by the occupier with the sanction of the Minister.

Section 38 of the Acts Interpretation

Act 1915 shall apply to all such rules and to the repeal, alteration, or addition to any such rules.

The manufacture of any explosive shall not nor shall any process of such manufacture be carried on except at a factory licensed for the same under regulations made or for the time being in force under this Act: Provided that nothing in this section shall apply to the making of a small quantity of explosive for the purpose of chemical experiment, and not for practical use or for sale.

Every person who manufactures any explosive, or carries on any process of such manufacture at any place at which he is not allowed by this section so to do, shall be deemed to manufacture an explosive at an unauthorised place.

A person who manufactures an explosive at an unauthorised place is guilty of an offence. Maximum penalty: Maximum penalty:

in the case of a body corporate—$35 000;

in any other case—$5 000 or imprisonment for 12 months, or both.

Where an explosive is manufactured at an unauthorised place, all or any part of the explosive or the ingredients of any explosive found in or about the place of manufacture or in the possession or under the control of a person convicted under this section may be forfeited to the Crown by a court of summary jurisdiction.

The occupier of every factory and every person employed in or about the same shall take all due precaution for the prevention of accidents by fire or explosion in the same, and for preventing unauthorised persons having access to the factory or to the explosives therein, and shall abstain from any act whatever which tends to cause fire or explosion and is not reasonably necessary for the purpose of the work in the factory. Maximum penalty: Maximum penalty:

in the case of a body corporate—$35 000;

in any other case—$5 000 or imprisonment for 12 months, or both.

For the purposes of the provisions of this Part and the regulations with respect to the manufacture and keeping of explosives, all buildings and places adjoining each other and occupied together shall be deemed to be the same factory, and shall accordingly be included in one licence.