EXPLOSIVES ORDINANCE 1964.

No. 66 of 1964.

An Ordinance relating to the Importation, Exporta­tion, Manufacture, Carriage, Storage, Sale and Use of Explosives, and for other purposes.

[Assented to 18th December, 1964.]

BE it ordained by the Legislative Council for the Northem Tenitory of Australia, in pursuance of the powers con­

ferred by the Northern Territory (Administration) Act 1910-1962, as fonOws:-i

1. This Ordinance may <be cited as the Explosives 8hor& title.

Ordinance 1964.

2.-(1.) Sections one to nine and section forty-six of this CoIameace­Ordinance shan come into operation on the date on which this -"­Ordinance l'eceives the assent of the Administrator or the Administrator notifies in the Gazette that it has received the Govemor-General·s assent.

(2.) The remaining provisions of this Ordinance shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. *

3. This Ordinance shall be read and construed so as not to CoustruetIoa

exceed the legislative power conferred by the Northern Terri- of OrcllDanee.

tory (Administratiori) Act 1910-1962, to the intent that where any pTOvision of this Ordinance or an instrument made, granted or issued under this Ordinance would, but for this section, have been construed as ~ing in excess of that power it shall never-theless be a valid provision to the extent that it is not in excess of that power.

4. This Ordinance binds the Commonwealth to the extent Ordlnamle to

that it is not inconsistent with any Act. =:0-, wealth.

5. This Ordinance is divided into Parts as follows:- ParIa.

Part li-Preliminary (Sections 1-8). Part H~-Administration (Sections 9-16). Part III~-Importation and Exportation (Sections

, 17-20). Part IV~-Manufacture (Section 21).

No d~te had 1Ieen filQld up ito 1st Janwuy. llJ6S.

1328 1964, No. 66) Explosives Ordinance 1964.

Part V.-Carriage (Sections 22-23). Part VI.-Storage (Sections 24-28). Part VII.-Sale and Use (Sections 29-34). Part VIII.-General (Sections 35-47).

Savlna. 6. Nothing in this Ordinance or the regulations affects the operation of any provision which-

(a) is contained in-(i) the Ports Ordinance 1962-1963 or any

regulations or by-laws made there­under; or

(ii) the Mines Regulation Ordinance 1939-1957 or the Fire Brigades Ordinance 1956-1963 or any regulations made under either of those Ordinances; and

(b) can operate without prejudice to the provisions of this Ordinance and the regulations.

Bmnptiolllo 7. The regulations may provide that safety fuses, safety cartridges or other explosives shall be exempt from the operation of this Ordinance, either wholly or to such extent as is prescribed.

DdDItIoaI. 8. In this Ordinance, unless the contrary intention appears-

" Chief Inspector" means the Chief Inspector of Explo­sives appointed under this Ordinance and includes any person who is for the time being carrying out the duties of the offi.ce of Chief Inspector;

" explosives " means-(a) substances or articles manufactured,

designed or ordinarily used for the pur­pose of producing a practical effect by an explosion or a pyrotechnic effect;

(b) substances or articles prescribed by the regulations to be explosives; or

(c) containers that have contained a substance or article to which either of the last two preceding paragraphs of this definition applies and have not 'been certified, in accordance with the regulations, to be free from explosives;

but does not include fireworks or a substance ordinarily used as a fuel except where that sub­stance has been combined with any other substance or ~ubstances to produce a mixture which is not orwnarily used as a fuel;

Explosives Ordinance 1964. [1964, No. 66

" fireworks" means any article which is capable of an incendiary, explosive or pyrotechnic effect and which is designed and supplied only for the purpose of amusement or display or for use as a signal;

"Government magazine" means a Government maga­zine appointed under section twenty-six of this Ordinance;

" inspector" means a person appointed under section nine of this Ordinance to be an inspector of explo­sives, and includes the Chief Inspector;

" licence" means a licence, or renewal or transfer of a licence, granted under section eleven of this Ordi­nance anq in force at any material time;

" magazine" means a Government magazine or an area of land, huilding or other structure, hulk or repository or other receptacle, licensed under this Ordinance as a magazine for the storage or keeping of explosives and includes a mound, building or other structure or work which is wholly or partly appurtenant to any area of land that is a Govern­ment magazine or a magazine licensed under this Ordinance;

"manufacture" includes making, remaking, altering, breaking up, reconditioning, and any process of manufacture;

" package" means a canister, case, box, barrel, or tin or any other receptacle and includes every means by which goods may be cased, covered, enclosed, contained, or packed;

" place" includes a vessel, vehicle, factory, magazine, hulk, building or other structure, repository or other receptacle, and land and premises;

"prepare for use", in relation to an explosive, means prepare or attempt to prepare a charge of, or charge or attempt to charge, that explosive or deal or attempt to deal by any means with that explosive so that it may thereupon be fired or detonated or caused to be otherwise exploded;

"sale" includes barter and exchange and supply, and also offering or attempting to sell, receiving for sale, sending, forwarding or delivering for or on sale, and causing or suffering, or permitting or allowing, to be sold or offered or exposed for sale;

" substance " includes a gas, liquid, gas mixture, liquid mixture and mixture of a gas and liquid;

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1330

Administration f Ordinance.

Appointment o(oftlcera.

Jauoof IiconcoL

1964. No. 66] Explosives Ordinance 1964.

" vehicle" means a vehicle used for the carriage of passengers or goods, or both passengers and goods. on land or in an aeroplane, airship, glider, balloon. or other means used for the carriage of passengers or goods, or both passengers and goods. by air;

"vessel" means a ship, boat or other vessel used for any purpos.e on the sea or in navigation.

PART II.-ADMINISTRA TION.

9.-( 1.) This Ordinance shall be administered by the Administrator and, subject to the Adminis'trator. by the Ohief Inspector of Explosives.

(2.) The Chief Inspector of Explosives shall make to the Administrator an annual report upon the administration of this Ordinance.

10.-( 1.) The Administrator in Council shall appoint a Chief Inspector of Explosives.

(2. ) The Administrator may appoint inspectors of explo­sives and other officers as he deems necessary for the administra­tion of this Ordinance.

11.-( 1.) Subject to this Ordinance the Chief Inspector may grant, renew, and transfer licences of the different classes for any of the purposes of this Ordinance.

(2.) Every licence. renewal, or transfer of a licence granted undetthis Ordinance shall be in or to the effect of the presoribed form.

(3. ) Every licence granted under this Ordinance shall specify-'

(a) the name of the licence holder; ( b ) the authority given to the licence holder by that

licence or. where any place is licensed by the licence for 'any of the purposes of this Ordinance. a description of that place sufficient in the opinion of the Chief Inspector to identify it; and

(c) all other prescribed particulars, if any,

and shall be deemed to be granted subject to all the terms and conditions, if any, specified in the licence and to such other terms and conditions as are prescribed for the class of licences to which that licence belongs.

( 4.) Every application for a licence or a renewal or transfer of a licence-

(a) shall be in or to the effect of the prescribed form; ( b ) shall be signed by the applicant;

Explosives Ordinance 1964. [1964, No.. Ci6

(c) shall be accompanied by the prescribed fee; and (d) shall contain or be accompanied by such informa­

tion and particulars as are prescribed.

(5.) Subject to this section, the Chief Inspector may grant or refuse to grant any licence or the renewal or transfer of any licence under or for any purpose of this Ordinance.

( 6.) If the Administrator directs the Chief Inspector to refuse to grant, renew or transfer a licence the Chief Inspector shall refuse to grant, renew or transfer it accordingly.

(7.) If the Chief Inspector refuses to grant, renew or trans­fer a licence, the applicant for the licence or the renewal or transfer of the licence may request him to refer the matter to the Adm:inist.rator for direction 'and the Chief Inspector shall, upon receiving such a request, refer the matter accordingly.

(8.) The direction of the Administrator that a licence or the renewal or transfer of a licence shall or shall not be granted, as the case may be, shall be final and conclusive of that matter, and -the Administrator may act in the matter as he thinks fit.

(9.) In granting a licence or a renewal or transfer of a licence the Chief Inspector shall not be bound hy the applioa­tion but, subject to this Ordinance may-

(a) grant the licence or renewal or transfer without terms and conditions; or

(b) grant the licence or renewal or transfer subject to such terms and conditions as he specifies in the grant.

( 10.) A licence or a renewal or transfer of a licence granted by direction of the Administrator shall be granted subject to such terms and conditions, if any, as the Administrator specifies in writing.

( 11.) Where a licence is granted SUbject to terms and con­ditions, every renewal or transfer of the licence shall, unless the Administrator or, subject to the Administrator, the Chief Inspector, di'fects otherwise, be deemed to be granted subject to those terms and conditions.

( 12.) The holder of a licence under this Ordinance shall not contravene or fail to comply with a term or condition subject -to which the licence is granted.

1331

12.-( L) The Chief Inspector may and, if directed to do C8DceIIatio1a

so by the Administrator shall, cancel a licence-- olu-.

(a) if there has been a substantial change in circum-stances since the grant of the licence;

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Powenof inlpecton.

1964, No. 66) Explosives Ordinance 1964.

( b) if the holder for the time being of the licence is cenvicted of an offence against this Ordinance, er with respect to' the manufacture, carrying, stor­ing, keeping, sale or using of any explosives against any ether law in force in the Territory; or

(c) if the holder fer the time being of the licence fails to comply with the terms and conditions subject to which the licence is granted.

(2.) The Chief Inspector may, and, if directed by the Administrator shall, instead of cancelling a licence, suspend it.

(3.) A suspension under the last preceding sub-sectien shall while it is in force have the same effect as a cancellation of the licence and the Chief Inspector may, and shall if directed to do so by the Administrater, when suspending a licence fix the per,iod of its suspension or he may, and shall if directed to do so by the Administrator, suspend it without fixing the period of its suspension.

( 4.) Suspension under this Ordinance of any licence shall nDt extend, upon the termination of that suspension, any period during which that licence would ordinal1ily have remained in force if it had not been so suspended.

(5.) Where the Chief Inspector has upon any date sus­pended a licence without fixing the period of its suspension, the onus of proof that the licence is in force at any later date shall be Dn the defendant, but without prejudice to the right of the prosecutO'r to' adduce ev,idence proving O'r tending to prO've that the licence is not in force at that later date.

(6.) Where a licence is cancelled O'r suspended by the Chief Inspector the holder of the licence may request the Chief Inspec­tDr to refer the matter to the Administrator for his direction and the Chief Inspector shall, upon receiving such a request, refer the matter accordingly.

(7.) The direction O'f the Administrator that a licence shaM or shall not be cancelled or suspended, as the case may be, shall be final and cO'nclusive of the matter and, subject to' this section, the Administrator may act in the matter as he thinks fit.

13.-(1.) An inspector may, at any time-(a) enter and inspect any place on or in which he

believes on reasonable grounds that there is an explosive or an ,ingredient used or capable O'f being used in the manufacture of an explosive;

( b) inspect and examine an explosive or such an ingredient found on or in such a place;

(c) make any general Dr particular inquiries as to the O'bservance O'f, or which are necessary for the purpeses O'f, this Ordinance;

Explosives Ordinance 1964. [1964, No. 66 1333

(d) inspect and examine an explosive or an ingredient used or capable of being used in the manufacture of an explosive which is being carried, or which is at any place in the course of or for the purpose of being carried, from one place to another;

(e) remove for examination and testing an explosive or an ingredient used or capable of being used in the manufacture of an explosive or portions or samples of an eX!plosive or such an ingredient found in or on a place to which paragraph (a) of this sub-section applies;

(f) seize, remove and detain an explosive or such an ingredient so found which is in his opinion an unauthorized explosive within the meaning of that term in sub-section (4.) of section fifteen of this Ordinance or in relation to which it appears to him that this Ordinance is being or has been contravened or not complied with and any pack-age, vehicle, hulk, or vessel in which such an explosive or ingredient is found;

(g) for the purposes of the last preceding paragraph,. instead of removing an explosive or ingredient so seized from the place where it has been seized, direct the occupier of that place to detain it in that place, or in such other place under the control of the occupier, -and in accordance with such other direction of the inspector, as will, in the opinion of the inspector, least endanger the public safety;

(h) require a person found in possession of an explo-sive or an ingredient used or capable of being: used in the manufacture of an explosive--

(i) to supply his name and address; and (ii) if the eX!plosive or ingredient was obtained

by that person from another person-· to supply the name and address of that other person and to produce any invoice or other document given to him by that other person which relates. to the eX!plosive or ingredient;

(i) inspect and take copies of or extracts from an entry found in such an invoice or other document;

(i) where he believes it necessary in the public interest,_ destroy or otherwise render harmless and dis-pose of an explosive or an ingredient used or

1334 Explosives Ordinance 1964.

capable of being used in the mauufacture of an explosive- .

(i) with the consent of the Administrator; or (ii) without the consent of the Administrator

if in the opinion of the inspector the explosive or ingredient gives rise to imminent danger to life or property;

(k) where he coDSiders that any act or praotice on the part of any person-

(i) who is concerned in manufacturing. carrying, storing, keepmg, or using an explosive or an ingredient used or capable of being used in the manufac­ture of an explosive; or

,cii) who is where an explosive or an ingredient used or capable of being used in the manufacture of an explosive is being manufaotured, carried, stored, kept, or used,

is unnecessarily dangerous to the public safety or the safety of any person, direct the first mentioned person-

(Hi) to cease the act or practice; or (iv) to do, or omit to do, such things in rela­

tion to the act or practice as the inspector specifies in the direction, being things which, if done or omitted to be done, as the case may be, will in the opinion of the inspector prevent the act or practice from being unneces­sarily dangerous to the public safety or to the safety of any person;

(I) upon the seizure under this Ordinance of an explo­sive, or an ingredient used or capable of being used in the manufacture of an explosive, found in any vehicle, hulk, or vessel, use (without seizing) for the purposes of the removal and detention of that explosive or ingredient the vehicle, hulk, or vessel and any tug, tender, engine, tackle, beasts, accoutrements, or other thing belonging to, or drawing or provided for drawing, the vehicle, hulk, or vessel;

(m) require the production of any licence and of any book, record, or writing which by this Ordinance is required to be held or kept, and inspect, examine, and take copies of or extraots from it; or

Explosives Ordinance 1964. [1964, Na. 66

(n) call to his aid-(i) any person he may think competent to

assist him in an inspection or examina­tion under this Ordinance; or

(ii) where he has ,reasonable cause to appre­hend any obstruction in the exercise of his powers or in the execution of his duties-any member of the Police Force.

(2.) Where it appears to an inspector that this Ordinance is being contravened or not complied with in relation to an explosive or an ingredient used, or capable of or intended for use, in the manufacture of an explosive, the inspector may, whether or not proceedings are taken against a person for <:ommitting an offence against this Orcm.nance, direct the person 1hen apparently having the possession or control of the explo­~lve orr ingredient to do forthwith or wirhin such time as the inspector specifies an such acts and things as, in the opinion of the inspector, are necessary in order to ensure compliance with this Ordinance.

(3. ) The giving of such a direction shaH not affect any proceeding or any action authorized by this Ordinance which has been or may be taken for the non-compliance which Tesulted in the direction, but the person to whom the direction is given shall not be liable under this Ordinance in respect of any continuation of that non-compliance during the time, if any, allowed by the direction.

( 4. ) If the inspector is of the opinion that the direction is notbe.ing, ,or has not been, or is not likely to be, complied with he may seize the explosive or ingredient concerned, and may take further action under this Ordinance.

(5. ) A person shaH not be precluded by a contract from complying with a direction under this section and a person shall not be liable under a contract to a penalty or forfeiture for eomplying with such a dkection if he gave notice of the contract to the inspector at or before the time at which the inspector gave the direction.

(6.) A direction given under this section by an inspector who is not the Chief Inspector shall be reported by him immediat:ely to the Chief Inspector.

(7.) Where an inspector who is not the Chief Inspector exercises the power referred to in paragraph (t) of sulb-section (1.) of this section withom the consent of the Administrator he shall report his action immediately to the Chief Inspector.

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Matters may be completed by different iDapec:tors.

Farther powers of the AdmiDlstrator and Chief IDIpec:tor. &c.

1964, No. 66) Explosives Ordinance 1964.

(8.) Where an inspector who is not the Chief Inspector gives a direction in accordance with sub-paragraph (iv) of paragraph (k) of sub-section (1.) of this section, he shall report the act or practice in respect of which the direction is given immediately to the Chief Inspector.

(9.) Any expense incurred in accordance with paragraph (j) of sub-section (1.) of this section in destroying or otherwise rendering harmless, or disposing of, an explosive or an ingredi­ent used or capable of being used in the manufacture of an explosive shall be borne by the owner of the explosive or ingredient.

( 10. ) Notwithstanding anything to the contrary in this Ordinance, if an inspector has issued an order or given a direc­tion or notice or made a request under this Ordinance, he or any other inspector who is empowered by this Ordinance to issue, give or make a like order, direction, notice, or request may (and if so directed by the Chief Inspector shall) withdraw, revoke or vary the order, direction, notice or request, or take further steps on it.

14.-(1.) An explosive, ingredient, package, vehicle, hulk, or vessel seized under this Ordinance may be removed and detained and shall be dealt with as the Administrator or, subject to the Administrator, the Chief Inspector may direct, and such an explosive or ingredient and any package in which such an explosive or ingredient is contained may be forfeited by direc­tion of the Administrator, notwithstanding that no person has been convicted of or prosecuted for any offence in relation to it.

(2.) The Administrator or, subject to the Administrator, the Chief Inspector may authorize a person to destroy or other­wise dispose of an explosive, or an ingredient used or capable of being used in the manufacture of an explosive, which is considered by the person giving the authority to be dangerous to the public safety.

(3.) A person authorized under the last preceding sub­section-

(a) shall carry out the purpose authorized; (b) may give all such directions as will, in his opinion,

carry out that purpose; and (c) may seize an explosive to effect that purpose if he

considers it necessary to do so.

( 4.) An explosive or ingredient the subject of an authority under sub-section (2.) of this section shall be dealt with by or at the expense of its owner.

Explosives Ordinance 1964. [1964, No. 66

(5.) Where an explosive or ingredient-(a) which is not an unauthorized explosive within the

meaning of sub-section (4.) of section fifteen of this Ordinance; or

(b) in relation to which this Ordinance has been con-travened. or not complied with, •

is seized and detained under this Ordinance, and costs, charges or expenses are incurred in-

(c) handling, storing, reconditioning, destroying or otherwise disposing of, or otherwise dealing with, the explosive or ingTedient; or

(d) handling or otherwise dealing with a package, vehicle, hulk or vessel in which the explosive or ingredient was found and which was seized under this Ordinance,

the owner of the explosive or ingredient is liable for payment to the Commonwealth of the costs, charges or expenses so incurred.

( 6.) Where by or under this Ordinance the amount of any costs, charges, or expenses incurred by an inspector in handling, storing, reconditioning, destroying or otherwise disposing of, or otherwise dealing with, an explosive or ingredient used or capable of being used in the manufacture of an explosive is recoverable from any person, the amount may be recovered from that person by aotion as for a debt in any court of competent jurisdiction.

1337

15. A person shall not- Obstruction of

() ul bs thr . "d . iospectol'll. ok. a assa· t, 0 truct, . eaten, or mtinll ate an mspec-tor in the exercise of his powers or in the discharge of his duties under this Ordinance;

(b) refuse to allow to be inspected, examined, removed, or seized, or attempt to prevent the inspection, examination, removal, or seizure of, an explo­sive, ingredient, package, vehicle, hulk, or vessel;

(c) prevent the use in pursuance of this Ordinance of 'a vehicle, hulk, vessel, beast or other thing;

(d) retake an explosive, ingredient, package, vehicle, hulk, or vessel removed or seized, or a vehicle, hulk, vessel, beast, or other thing used, under this Ordinance;

(e) fail-(i) to state his name and address or the name

and address of any other person; Cii) to produce any invoice, licence, book,

record, writing, or other document; or

1333

C1assification f !"'Plosives,

definItion of the composition, quality, and character of explosives and prohibitions in respect of specially dangerous explosives.

Explosives Ordinance 1964.

(ill) to allow, upon production, such invoice,. licence, book, record, writing, or other" document to be inspected or examined' or copies of or extraots from it or any entries found in it to be taken,

when required to do so by an inspector, in the exercise of powers conferred by this Ordinance;

(I) when so required to state a name and address, state a false name and address, a false name or a false address; or

(g) fail to comply in every respect with a request, direction, order, or requirement made, given or stated by an inspector in the exercise of powers­conferred by this Ordinance.

16.-(1.) The Administrator in Council may by notice iD the Gazette classify explosives.

(2.) The Administrator in Council shall not so classify an explosive until he has defined the composition, quality, and oharacter of that explosive but it is not necessary to publish the definition in respect of the explosive in the notice classifying the explosive.

0.) A person shall not import or bring into, or export from, Qr manufacture, store, keep, carry, sell or use in, the Territory an unauthorized e~plosive except under and in accordance with the authority of a permit granted under this Ordinance.

( 4.) For the purposes of the last preceding sub-section an ex.plosive is an unauthorized explosive if-

(a) it is not enumerated in the classification of explo­sives contained in a notice in the Gazette under this seotion and in force at tile relevant time; or

(b) the composition, quality or character of the explo­sive differs in any respect (whether by ·reason of deterioration or otherwise) from the com­position, quality, and character defined by the Administrator in Council for the explosive so enumerated which it is alleged to be.

(5.) The Chief Inspector shall make and keep a Register of Explosives and shall record in it every explosive classified by the Administrator in Council and the composition, quality, and character of that explosive as defined for the time being by the AdministratQr in Counci1.

( 6. ) In any proceedings under or for a purpose of this Ordinance a certificate pmporting to be under the hand of the Chief Inspector certifying that the composition, quality, and

ExplosiW!s Ordinance 1964. [1964, N.r"

diaracter of an expl0sive as defined by the Administrator in Council is as specified in that certificate shall be received in .evidence and Shall be evidence of the matters contained in it .and, in the absence of evidence in rebuttal, shall be conclusive .evidence of such matters.

(7.) Notwithstanding anything in this ,ordinance, the Administrator in Council may, if he considers it expedient to -do so for the safety of the public, by notice in the Gazette <lirect that an explosive specified in the notice shall not ~

(a) imported or brought into the Territory; (b) exported from the Territory; or (c) manufactured, stored, kept, carried, sold or used

in the Territory, .except in accordance with such conditions or restrictions, or both, as are specified in the notice.

(8.) A person shall not import or bring into, export from, or manufacture, store, keep, carry, sell, or use in the Territory an explosive contrary to a direction in a notice in the Gazette published under the last preceding sub-section.

(9.) The Administrator may in writing permit for the purposes of trial or experiment, upon such terms and conditions as he thinks fit, the importation or bringing into, or the manu­facture, storing, keeping, carrying, or using in the Territory of 'Such quantity of an unauthorized explosive as he specifies in the permit. .

(10.) The holder of a permit under the last preceding 'sub-section shall not contravene or fail to comply with, or permit to allow, any contravention of, or failure to comply with, any term or condition of that permit but shall not be liable to be punished under any other provision of this Ordinance for or in relation to an lact or omission authorized by the permit.

( 11.) Every other provision of this Ordinance shall be read 'So as not to limit the application of this section or any provision .of this section.

PART III.-IMPORTATION AND ExPORTATION.

l3af

17. A person shall not import or bring into, or export ExJ?losives to

from, the Territory any explosive except under and in accord- :J"'Jg~ ance with the authority of a licence under this ,ordinance. under licence.

18. A person shall, before importing or bringing into or exportitlg from the Territory any explosive, give to the Chief Inspector of Explosives notice as prescribed of his intention to import or bring into or export from the Territory that exp~osive.

Notice of intention to import or ~ort explosive.

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Notice of arrival of impo~ exploSlve8.

Packing of explosives upon importation or exportation.

Explosive to be manufactured under licence.

1964, No. 66] Explosives Ordinance 1964.

19. A person shall forthwith, upon the arrival in the Terri­tory of any explosive imported or brought into the Territory" by him, give to the Chief Inspector notice as prescribed of the arrival in the Territory of that explosive.

20. A person shall not import or bring into or export from the Territory any explosive unless that explosive is contained in a package which is constructed, packed and labelled as prescribed.

PART IV.-MANUFACTURE.

21.-(1.) A person shall not manufacture or permit or" allow to be manufactured in the Territory any explosive except under and in accordance with a licence.

(2.) A licence to manufacture explosives may be granted subject to such conditions as to the place and the times at which manuiiacture may be carried on and as to the methods used in. manufacture as the Chief Inspector thinks fit.

(3.) The preceding sub-sections of this section do not apply to the manufacture of a quantity not exceeding in the: aggregate-

(a) in the case of any explosive--one pound in weight;" or

( b) in the case of a prescribed explosive--such lesser quantity as is prescribed,

for the purposes of a chemical e~periment only 'and not for· practical use or sale, if the explosive is manufactured by-

(c) a competent person not under the age of twenty­one years; or

(d) a competent person under the age of twenty-one years manufacturing the explosive under the direct supervision and control of a competent person not under the age of twenty-one years.

( 4.) In the last preceding sub-section " competent person'" means-·

(a) a person included in a class of persons prescribed to be competent persons; or

(b) a person not so included who is approved as a competent person in writing by the Chief' Inspector.

Explosives Ordinance 1964. [1964. No. 66 1341

PART V.-CARRIAGE.

22 -(1.) Subject to the next succeeding sub-section, a ~~Of person shall not carry an explosive, or permit or allow an 081_ •

.explosive to be carried, on, in, or by means of any vehicle, or 'vessel-

(a) except under and in accordance with the authority of a licence under this Ordinance to carry the explosive; and

(b) uniess· the explosive is carried in such manner and under such conditions as are prescribed.

(2.) Where---(a) an explosive not exceeding the maximum weight

prescribed for that explosive for the purposes of this paragraph is conveyed by the holder of a licence for a magazine for the storage or keeping of that explosive; or

(b) an explosive not exceeding the maximum weight prescribed for that explosive for the purposes of this paragraph and intended exclusively for the use of a person for a prescribed purpose is conveyed by that person,

;the carriage of that explosive by that person is not an offence .against this section if the explosive is carried in such manner · and under such conditions as 'are prescribed.

23.-( 1.) Where a carrier is prevented from complying in Carrier

.any respect with the last preceding section by the wilful act, =~hOD · neglect, or default of the consignor or consignee of the explo- fault.

;sive or another person (not being a person who is an agent or employee of the carrier), or by the improper refusal of the

· consignee or other person to accept delivery of the explosive, the consignor, consignee, or other person is guilty of an offence · against that section.

(2.) The conviction of a consignor, consignee, or other person under the last preceding sub-section exempts the carrier

· from liability for an offence under the last preceding section.

PART VI.-STORAGE.

24.-(1.) Subject to sub-section (4.) of this seotion, a ~ . . person, whether on his own account or on account of any other :"b:t,-maJ person, shall not store an explosive or keep or permit or allow an explosive to be stored or kept at a place unless that place :is-

(a) a Government magazine or a magazine licensed under this Ordinance for the storage or keeping of that explosive; or

Prec:aadoaa to be taken with respect to explosives for private use.

Licensed magazines.

1964, No. 66] Explosives Ordinance 1964.

(b) a place duly approved, in pursuance of some other law in force in the Territory, as a place for th~ storage or keeping of that explosive.

(2. ) Without limiting or otherwise affecting the provisiOns. of the last preceding sub-section, the occupier of a pLace or part of a place shall not permit or allow an explosive to be unlawfully stored or kept at the place or part of a place.

(3.) Subject to the next succeeding sub-section, the pro­visions of this section shall apply with respect to the storing. or keeping of an explosive for any period of time.

(4.) The provisions of this section shall not apply to the; storage or keeping of an explosive-

(a) by a person for use for a prescribed purpose, if" that explosive is not for sale, and is kept or" stored as prescribed, and the quantity of the­explosive kept or stored does not exceed the" prescribed maximum; or

(b) which is exempted by this Ordinance from the' provisions contained in this Part.

25. A person storing or keeping an explosive for lawful private use and not for sale shall take all due precautions, in the storage or keeping of that explosive, for the prevention of theft or of accident by fire, explosion, or otherwise.

26. The Administrator in Council may by notice in th'" Gazette appoint an area of land, building or other structure~ hulk, repository or other receptacle, or other place to be a Government magazine for the storage or keeping of explosives.

27.-(1.) A person shall not establish or maintain a place~ or permit or allow a place to be established or maintained, as a magazine for the storage or keeping of an explosive unless that pLace is licensed under this Ordinance as a magazine for the stoJ1age or keeping of that explosive.

(2.) A person holding a licence under this Ordinance fOf" a magazine shall not-

(a) establis'h that magazine, or permit or allow it to be­established; or

(b) at any time maintain it, or permit or allow it to be-maintained,

elsewhere thaB at the site or otherwise than in the manner and under aad subject to the terms and conditions specified in that licence.

Explosives Ordinattu 1964. 1343

18.-( 1.) If the Oriel Inspector at any time cancels or Cancella&iDaof

suspends a licence to manufacture or for a magazine the person ==­whose licence is so cancelled or suspended shall, within three ~ days (or such longer period as may be allowed by the Chief Inspector) of the time of receiving notice of the cancellation or suspension, transfer all explosives, and all ingredients used or capable of being used in the manufactW'e of explosives, at the place of manufacture or in the magazine to a place authorized under this Ordinance for the storage or keeping of those explosives, and shall immediately notify the Chief Inspector in writing of the name and address of the owner of the place and of the nature and amount of the explosives or ingredients so transferred.

(2.) Where the licence for a magazine is cancelled or suspended, an inspector or a member of the Police Force may, with such assistants as he deems necessary, enter and search the magazine or the premises in or upon which the magazine is situated, and may seize,. remove, and detain explosives found m or on the magazine or premises.

PART Vll.-&LE AND USE. 19.-{1.) A penon. shall not sell an explosive except under ==r~

and in accordance with the authority of a ticeDee under this • Ordinance to sell that explosive.

(2.) Every licence to sell an explosive is subject to the condition that the holder of the licence shall at all times store and keep the explosive under and in accordance with the requirements of this Ordinance.

(3.) The provisions of Part VI. of this Ordinance shall not be prejudiced or otherwise affected by anything in this Part and apply with respect to any explosive authorized to be sold by a licence to sell.

3'0. A person shall not sell an e~plosive in a public No bawldDa r thorough~are or public place. explolivw.

31. A person shall not sell an explosive, not being an SaIeI to

explosive which is classified or defined by the Administrator in c:bi1cIna.

Council by notice in the Gazette or by the regulations as" manu­factured fireworks (shop goods) ", to a person Ullder the age of eighteen years.

32.-( 1.) A person shall not sell or dispose of fireworks to Fimrorb.

a obild under the age of thirteen years. (~) A person shall ~ ~ept with the permission in

writing of the Chief IDspector or a person' auth0liZled iD writing by him, tbrow, let mf, or me any fttewotks in a street. road, tho,onghfare, or public place withinthebouDdaries of a town.

1344

Seizure by memberoftho Police Force on unlawful 1&10.

Use of explosives under conditions endangerina Iifo, &c., prohibited.

1964, No. 66] Explosives Ordinance 1964.

33. If it appears to a member of the Police Force that this Ordinance is being or has been contravened. or not complied with in relation to the sale of an explosive, the member has and may exercise all or any of the powers of an inspector under this Ordinance.

34. A person shall not-(a) prepare an explosive for use; (b) fire or detonate an explosive; or (c) cause an explosive to be otherwise exploded,

under conditions whereby life or property is endangered.

PART VIII.-GENERAL.

Penalty on 35.-( 1.) A person who enters without permission, or and removal or h . . trespassers. ot erwlse trespasses upon, 'a Government magazme, or a

Arrest without warrant of persons c:ommittina dangerous

ft'ences.

magazine licensed under this Ordinance, or who, without per­mission, interferes with a magazine licensed under this Ordinance, is guilty of an offence, and may be forthwith removed from the magazine or the place where the magazine is situated, by an inspector, or a member of the Police Force, or by the occupier of the magazine or by ,an agent or servant of or other person authorized by that occupier.

(2. ) The occupier of a magazine licensed under this Ordinance and every person employed in or about such a magazine shall take all due precautions for the prevention of accident by fire O'f explosion in the magazine and shall abstain from any act which tends to cause fire or explosion and is not reasonably necessary for the purpose of the magazine.

(3. ) A person other than the occupier of, or a person employed in or about, a Government magazine or a magazine licensed under this Ordinance, who is found committing any act which tends to cause e~plosion or fire in or about the magazine is guilty of an offence.

( 4.) The occupier of a Government magazine or a magazine licensed under this Ordinance shall post up in some conspicu­ous place a notice warning all persons of their liability to penalties for offences under this section, but the absence of such a notice shall not exempt a person from liability to a penalty for an offence under this section.

36.-( 1.) A person who is found committing an offence against sub-section (1.) of the last preceding section or doing an act whioh is an offence against this Ordinance or any other law in force in the Territory and which tends to cause explosion or fire in or about a Government magazine, or a magazine

Explosives Ordinance 1964. [1964, No. 66

licensed under this Ordinance, or a railway, harbour, wharf, vehicle, hulk or vessel, or any other place in, upon or about which there is an explosive may be arrested without warrant by-

(a) an inspector; (b) a member of the Police Force; (c) the occupier of the magazine; (d) an agent or servant of, or any person authorized

to do so by, that occupier; (e) the occupier of the wharf, hulk or other place; (f) an agent or servant of, or any other person

authorized to do so by, the railway authority or harbour authority or the occupier of the wharf, hulk or other place;

(g) the person for the time being in charge of the vehicle or vessel; or

(h) any other person authorized to do so by the person for the time being in charge of the vehicle or vessel.

(2.) Any person who is found with a firearm in his posses­sion trespassing on a Government magazine, or a magazine licensed under this Ordinance shall, in addition to any other penalty which may be imposed, forfeit the firearm to Her Majesty.

37.-(1.) A person who contravenes 'or fails to comply with a provision of this Ordinance is guilty of an offence against this Ordinance.

(2.) Subject to the next succeeding section, a person guilty of an offence against this Ordinance shall, if no other penalty is provided for that offence, be liable to a penalty not exceeding One hundred pounds.

(3.) A penalty or punishment to which a person convicted under this Ordinance is lia:ble upon his conviction is in addition to any forfeiture under this Ordinance.

( 4.) All offences against this Ordinance may be prosecuted in a summary way upon the complaint of an inspector or of any other person authorized by the Chief Inspector; but where the regulations specify an offence against this Ordinance which may also be so prosecuted by a member of the Police Force that offence may also be so prosecuted upon the complaint of a member of the Police Force.

(5.) A prosecution for an offence against this Ordinance may be instituted at any time that is within twelve months after the offence was committed or four months after the discovery of the offence.

1345

Penalties for offences.

1346 1964, No. 66) Explosives Ordinance 1964.

( 6.) Proceedings against a corporation for an offence against this Ordinance may 'be taken against any person who is the manager or who acts or takes part in the management, administration, or government of the corporation, and suoh a person shall be personally liable in such prooeedings.

38. If upon convicting any person of an offence under this Ordinance the adjudicating court finds--

(a) that the offence was reasonably calculated to­(i) cause a dangerous accident;

(ii) endanger the safety of, or cause serious personal injury to, any person (whether or not employed in or about a maga­zine, harbour, wharf, railway, vehicle, hulk, or vessel, or other place where the offence was committed); or

(iii) cause damage to any property; ( b) that the offence was committed wilfully by the

personal act, personal neglect, or personal default of the offender; and

(c) that the offence cannot be adequately punished by a pecuniary penalty under this Ordinance,

the court may, in lieu of imposing a pecuniary penalty, sentence the offender to imprisonment, with or without hard labour, for a term not exceeding six months.

39.-(1.) Upon a conviction for an offence against this Ordinance there shall be forfeited to Her Majesty, if the con­victing court so orders, any or all of the following:-

(a) any explosives in relation to which the offence was committed;

( b ) any ingredients used or capable of being used in the manufacture of explosives, being ingredients in relation to which the offence was committed;

(c) if the offence was committed in relation to a place in or on which explosives are manufactured, stored, kept, carried, sold or used-all or part of any explosives, or ingredients used or capable of being used in the manufacture of explosives, that were found in or on the place at the time when the offence was committed;

(d) any packages in which any explosives or ingredients . used or capable of being used in the manufac­ture of explosives are contained, being explo­sives or ingredients in relation to which the offence was committed;

Explosives Ordinance 1964. [l964, No. 66

(e) if the offence was committed in relation to a portion or sample of explosives or ingredients used or capable of being used in the manufacture of explosives-

(i) the whole of the explosives or ingredients from which the portion or sample was taken;

(ii) the packages in which the explosives or ingredients are contained;

(ill) the whole of any similar explosives or ingredients belonging to the defendant or found on the defendant's premises or in his possession at the time when the offence was committed; and

(iv) the packages in which such similar explosives or ingredients are contained.

(2.) The last preceding sub--section applies whether or not the explosives, ingredients or packages referred to in iliat sub­section have been seized and are being detained under this Ordinance.

1347

40.-( 1.) All explosives, ingredients, packages, and other ~ of

things forfeited to Her Majesty under this Ordinance shall be ~.o::...tc. dealt with or disposed of as the Administrator directs. .

(2.) A forfeiture, dealing with, or disposal pursuant to this Ordinance shall not confer upon any person any right to compens'ation.

41.-( 1.) In any proceedings under this Ordinance on apow .. ·of ..... complaint an order which the court is empowered to make may ~-­be made without an application or complaint being made in :er~ respect of the order.

(2.) On a conviction under this Ordinance the court may order such payment as it thinks fit as compensation for loss of time or expense incurred in consequence of the offence in reSpect of which the defendant was committed or in connection with the proceedings to secure the conviction.

42.-( 1.) An order, direction, notice, request in writing Seryice of or other document required or permitted to be served, given or notices,.tc. delivered on or to 'a person may be served, given or delivered-

(a) by handing or tendering it to that person; (b) by posting it to that person at his last known or

usual place of abode or business; or (c) by leaving it with some person apparently over the

age of sixteen years at the last known or usual place of abode or business of that person.

637/64.-II-lZ

1348

Porplyof 1iIleDce. .t.c.

JlIIturn r ~"; revoked.

Proof of offence.

1964, No. 66] Explosives Ordinance 1964.

(2.) If an inspector hands to or leaves with a person an erder, directien, netice, request in writing or ether document required er permitted to' be served, given er delivered en or to a person under this Ordinance, and requests the first mentioned person to' acknowledge having received it by signing a copy of it provided by the inspecter, that persen shall sign the copy and shall add en the cepy the date when and the address ef the place where the eriginal was handed to' er left with him.

43. A persen shall not-

(a) ferge er ceunterfeit a licence, permit, certificate, or ether autherity granted under this Ordinance;

(b)

(c)

(d) (e)

Penalty: menths.

utter er make use ef a forged or counterfeited licence, permit, certificate, er other autherity;

persenate a persen named in a licence, permit, certificate, er ether autherity granted under and fer the purpeses ef this Ordinance;

falsely pretend to' be an inspecter; or

cennive at any such ferging, ceunterfeiting, utter­ing, making use, persenating or pretending.

TwO' hundred pounds er imprisonment fer six

44.-( 1.) When a licence, permit, er other autherity is suspended erreveked under this Ordinance, the persen to' whom. the licence, permit, er ether autherity was gr,anted shall, if requested by an inspecter, deliver the suspended er reveked licence, permit, er ether authority to' the inspecter.

(2.) A person whO', being cenvicted ef an effence under the last preceding sub-sectien does net, within feurteen days after the convictien, deliver the licence, permit or ether autherity in respect ef which the effence was cemmitted to' the inspecter whO' requested him to' deliver it, is guilty ef an effence under this sub-sectien and is punishable upon cenvictien by a fine net exceeding Five peunds fer each day during which the effence under this sub-section centinues.

45. Where in a prosecutien under this Ordinance an effence is proved in regard to' a sample or pertien of explesives er ingredients the effence shall be deemed to' have 'been preved with regard to' the whele of the explesives er ingredients from which the sample er portion was taken.

Explosives Ordinance 1964. [1964, No. 66 1349

. 46 -( 1.) The Administrator in Council may make regula- Regulations.

lions not inconsistent with this Ordinance prescribing all ma~ters which are required or permitted to be prescribed, or WhICh are necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance, and, in particular-

(a) regulating the importation and exportation of explosives;

(b) prohibiting or restricting the importation, bringing into, manufacture, storage, keeping, carrying, sale or use of explosives which in the opinion of the Administrator in Council are dangerous ,to the public safety; and condemning them and pro­viding for their destruction or other disposal;

(c) providing for the grant, renewal, transfer, surren­der, cancellation, or suspension of licences, certificates, and permits under this Ordinance;

(d) prescribing the periods for Which such licences, certificates, and permits may be granted; and the curtailment or extension of such periods if the person who, at the time of the grant, was the owner or occupier of the place in respect of which the licence, certificate or permit was granted ceases to be the owner or occupier of the place;

(e) prescribing terms and conditions upon and subject to which such licences, certificates and permits may be issued, renewed, transferred, surrendered, cancelled, or suspended;

(I) prescribing fees for such licences, certificates and permits and for the renewals, transfers or copies of these; and providing for the effect of such copies;

(g) regulating the manufacture (including any process in the manufacture) of explosives and the management and use of Govermpent magazines, licensed magazines and places where licensed magazines are situated;

(h) regulating the mode of construction of, and the fittings, appliances and equipment to be kept or used in Government magazines, licensed maga­zines and places where licensed magazines are situated; and the maintenance of fittings, appliances and equipment so kept or used;

(i) regulating any or all of the following:-(i) the use or retention in Government maga­

zines and licensed magazines of articles liable to spontaneous ignition;

(ii) the cleaning of Government magazines and licensed magazines;

1350 1964, No. 66] Explosives Ordinance 1964.

(iii) the quantity of an explosive, or ingredient used or capable of being used in an explosive, that is permitted to be in a Government magazine or licensed magazine, or in any part of any of them, at any time;

(iv) any matter in relation to explosives in Government magazines or licensed magazines which considerations of public safety or convenience make it necessary to regulate;

(j) prescribing rules for the employment and conduct of workmen and others employed in or entering Government magazines or licensed magazines; and for securing the safety of such employees and the public;

(k) providing for the powers and duties of inspectors, and of members of the Police Force, under this Ordinance;

(1) providing for the inspection of licences, certificates, and permits; and the inspection and examination of all places licensed under this Ordinance, or where any explosive is conveyed or stored or kept or manufactured;

(m) providing for the inspection, examination and testing of explosives; and prescribing fees for so doing;

(n) providing for the manner of giving directions or . orders and making requests under this Ordinance;

(0) prescribing the tenns and conditions on which explosives may be deposited, stored, or kept in or removed from Government magazines or magazines licensed under this Ordinance;

(p) prescribing the fees or rents to be charged for storing or keeping explosives in licensed maga­zines;

(q) prohibiting trespass on Government magazines or licensed magazines;

(r) regulating the manner in which explosives which are dangerous to the public safety or to property shall be dealt with;

(s) regulating the carriage of explosives; (t) regulating the sale of explosives; (u) regulating the use of explosives;

Explosives Ordinance 1964. [1964, No. 66

( v) regulating the construction of packages for explo­sives, the manner of packing explosives, the labelling and marking of such packages and the weights to be contained in such packages;

( w) requiring notice to be given of accidents by explo­sionor fire at Government magazines or licensed magazines and during the storage, keeping, carriage or use of explosives;

(x) making provision for holding inquiries into such accidents;

(y) regulating the reconstruction of magazines destroyed by s.uch accidents;

(z) imposing penalties not exceediJ:tg One hundred pounds, for the breach of any regulation;

(aa) providing that a specified substance or article shall, in respect of its use for or in relation to or in connection with a specified purpose, be deemed to be an explosive;

(ab) providing for the regulation of the use of such a specified substance or article for or in relation to or in connection with such a specified purpose; and

(QC) regulating such other matters in relation to explo­sives as in the opinion of the Administrator in Council require to be regulated for the safety of any person or the protection of property.

(2.) A power to regulate by the regulations includes a power to control and a power to prohibit by the regulations.

13'1