{"id":"explosives-act-1936","name":"Explosives Act 1936","slug":"explosives-act-1936","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32032,"registerId":"sa-explosives-act-1936-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Explosives Act 1936","content":"South Australia\nExplosives Act 1936\nAn Act to consolidate and amend the law relating to explosives.\n\nContents\nPart 1—Preliminary\n1\tShort title\n4\tInterpretation\n5\tExtension of definition of explosive to other explosive substances\n6\tDefinition and classification of explosives\n7\tExemption of ammunition the property of His Majesty\n8\tFilling etc of safety cartridges\n9\tInspectors\nPart 2—Manufacture of explosives\n10\tPersons carrying on certain processes to be deemed manufacturers\n11\tSpecial rules for regulation of workmen in factory\n12\tLicensing of factories\n13\tPrecautions against fire and explosions\n14\tAdjoining places occupied together\n15\tReconstruction of buildings destroyed by accident\nPart 3—Carriage of explosives\n16\tRestrictions as to carriage of explosives\n17\tExemption of carrier where consignee etc in fault\n18\tLiability of consignor or consignee\n19\tLicences for carriage of explosives\nPart 4—Storage of explosives\n20\tGovernment magazines\n21\tLicensing of private magazines\n22\tLicensing of premises\n23\tKeeping of explosives\n24\tStorage charges in Government magazines\n25\tPower to sell explosives\n26\tExplosives to be in secure packages\n27\tTesting of explosives in Government magazine\n28\tSale or transfer to be reported to the officer in charge\nPart 4A—Acquisition of land\n28A\tDefinitions\n28B\tPower to acquire land\n28C\tSurrender of mining leases\n28D\tPower to dispose of surplus land\nPart 5—Control of explosives in ships\n29\tVessels arriving with explosives to hoist flag\n30\tProhibited areas\n31\tShips carrying explosives\n32\tProcedure at magazine\n33\tExplosives on arrival to be reported\n34\tExplosives removed from ship\n35\tPenalty on going alongside wharves\n36\tExplosives to be landed at the place appointed for the purpose\n37\tExplosives not to be shipped within certain limits\n38\tControl over ships and boats in ports\n39\tBoats carrying explosives to be licensed and provided with tarpaulins\n40\tPower to delegate authority\n41\tSavings as to ships rockets etc\nPart 6—Miscellaneous\n42\tPowers of inspectors\n43\tInspector may be assisted\n44\tObstructing inspectors\n45\tProtection to inspector\n46\tPowers of the Director\n47\tDeeming provision\n48\tPower to prohibit manufacture, storage, and carriage of specially dangerous explosives\n48A\tConditions of licences and permits\n49\tFactory licence unnecessary in certain cases\n50\tPenalty on and removal of trespassers\n51\tSupplemental provisions as to forfeiture of explosive\n51A\tOffences by bodies corporate\n51B\tContinuing offences\n51C\tDelegation by Director\n52\tRegulations\n53\tMagazines in municipalities\n54\tContinuance of regulations\n55\tSaving provision\n56\tSummary proceedings\n57\tFinancial provision\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Explosives Act 1936.\n4—Interpretation\nIn this Act, unless the context or subject matter otherwise requires—\nboat 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;\nthe Director means—\n\t(a)\tthe 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\n\t(b)\tany other person directed by the Minister to exercise the powers of the Director under this Act;\nexplosive means—\n\t(a)\tgunpowder, 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\n\t(b)\tfog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation of preparation of an explosive as above defined;\nfactory means a factory duly licensed for the manufacture of any explosives;\ninspector means a police officer or a person appointed as an inspector of explosives under section 9;\nlicensed magazine means a magazine in respect of which a licence is in force under section 21 of this Act;\nlicensed premises means premises in respect of which a licence is in force under section 22 of this Act;\nmagazine includes any hulk appointed for the storage of explosives;\nmagazine-keeper means the person in charge of any Government magazine;\nmaster 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;\nMinister means the Minister of the Crown to whom for the time being the administration of this Act is committed by the Governor;\nport includes harbour, haven, roadstead, channel, and navigable creek, river, or lake;\nprescribed 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;\nship includes every description of vessel used in sea navigation, whether propelled by oars or otherwise;\nvehicle 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.\n5—Extension of definition of explosive to other explosive substances\n\t(1)\tThe 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.\n\t(2)\tThe Governor may by proclamation revoke any such proclamation.\n6—Definition and classification of explosives\n\t(1)\tThe 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.\n\t(2)\tWhere 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.\n\t(3)\tAny 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.\n7—Exemption of ammunition the property of His Majesty\nNothing 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.\n8—Filling etc of safety cartridges\nNothing 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.\n9—Inspectors\n\t(1)\tThe Minister may, by notice in the Gazette, appoint a person to be an inspector of explosives for the purposes of this Act.\n\t(2)\tEach inspector must be furnished with an appropriate identity card.\n\t(3)\tAn 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.\nPart 2—Manufacture of explosives\n10—Persons carrying on certain processes to be deemed manufacturers\nEvery 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.\n11—Special rules for regulation of workmen in factory\n\t(1)\tEvery 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.\n\t(2)\tThere 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.\n\t(3)\tThe 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.\n\t(4)\tIf 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.\n\t(5)\tSection 38 of the Acts Interpretation Act 1915 shall apply to all such rules and to the repeal, alteration, or addition to any such rules.\n12—Licensing of factories\n\t(1)\tThe 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.\n\t(2)\tEvery 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.\n\t(3)\tA person who manufactures an explosive at an unauthorised place is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$35 000;\n\t(b)\tin any other case—$5 000 or imprisonment for 12 months, or both.\n\t(4)\tWhere 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.\n13—Precautions against fire and explosions\n\t(1)\tThe 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.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$35 000;\n\t(b)\tin any other case—$5 000 or imprisonment for 12 months, or both.\n14—Adjoining places occupied together\nFor 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.\n15—Reconstruction of buildings destroyed by accident\n\t(1)\tWhere an accident by explosion or fire occurs in and wholly or partly destroys a factory, the factory shall not be reconstructed and any further supply of an explosive shall not be put therein except with the permission of the Minister, and any explosive put therein in contravention of this section shall be deemed to be manufactured in an unauthorised place, and the offence may be punished accordingly: Provided that this enactment shall not prevent the reconstruction of a factory magazine in any lawfully existing factory upon such site in the factory and with such precautions as seem reasonable to the Minister, due regard being had to the working of the factory as well as to the safety of the public and of the persons employed therein.\n\t(2)\tWhere an accident by explosion or fire in a factory wholly or partly destroys any building of the factory as to which an inspector has previously to the accident sent to the occupier a notice that the building is unduly near to some building or work outside the factory, the building shall be reconstructed only upon such site in the factory and with such precautions as may seem reasonable to the Minister, due regard being had to the working of the factory as well as to the safety of the public and of the persons employed therein.\n\t(3)\tWhere an accident by explosion or by fire in a factory wholly or partly destroys two or more buildings in the factory, not more than one of such buildings shall be reconstructed except with the permission of the Minister: Provided that this subsection shall not apply to any building in a lawfully existing factory if either, both, or all such buildings are incorporating mills, or if as regards any other buildings an inspector has not previously to the accident sent to the occupier a notice that the buildings are unduly near to each other.\n\t(4)\tWhere a building is constructed on a different site in pursuance of this section, the necessary alterations shall be made in the licence, and the alterations shall be deemed to be part of the licence.\n\t(5)\tThe reconstruction of any building in contravention of this section shall be deemed to be a breach of the terms of the licence, and shall be punished accordingly.\nPart 3—Carriage of explosives\n16—Restrictions as to carriage of explosives\n\t(1)\tNo explosive shall be carried in or on or by means of any vehicle or any railway unless—\n\t(a)\tthe quantity of the explosive does not exceed the prescribed quantity of any explosive; and\n\t(b)\tthe explosive is carried in such manner and under such conditions as may be prescribed by any regulation under this Act.\n\t(2)\tA person who carries an explosive or causes an explosive to be carried in contravention of this section is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$35 000;\n\t(b)\tin any other case—$5 000 or imprisonment for 12 months, or both.\n17—Exemption of carrier where consignee etc in fault\nWhere a carrier is prevented from complying with this Part by the wilful act, neglect, or default of the consignor or consignee of the explosive or other person, or by the improper refusal of the consignee or other person to accept delivery of the explosive, the conviction of the consignor, consignee, or other person shall exempt the carrier from any penalty under this Part.\n18—Liability of consignor or consignee\nA consignor, consignee or other person who by wilful act, neglect or default, or by improper refusal to accept delivery of an explosive from a carrier, causes a carrier to commit an offence against this Part, is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$35 000;\n\t(b)\tin any other case—$5 000 or imprisonment for 12 months, or both.\n19—Licences for carriage of explosives\n\t(1)\tA person, other than a carrier licensed by the Director, who carries in a vehicle any explosive in excess of the prescribed quantity of any explosive is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$35 000;\n\t(b)\tin any other case—$5 000 or imprisonment for 12 months, or both.\n\t(2)\tA licence may be granted by the Director to any person for the carriage of explosives by land.\nPart 4—Storage of explosives\n20—Government magazines\n\t(1)\tThe Governor may by proclamation declare any place to be a Government magazine.\n\t(2)\tEvery Government magazine shall be under the control of the Director.\n\t(3)\tThe Governor may by proclamation revoke any such proclamation or any proclamation made by the Treasurer pursuant to section 352 of the Marine Board and Navigation Act 1881.\n21—Licensing of private magazines\n\t(1)\tThe Director may license as a magazine any suitable building, structure, excavation or place that he approves as suitable for the safe storage of explosives.\n\t(2)\tThe Director shall issue to, and in the name of, the owner or person in charge of any building, structure, excavation or place licensed as a magazine under subsection (1) of this section a licence in respect of that building, structure, excavation or place.\n\t(3)\tThe licence shall be valid only for the person named therein, and shall be subject to such conditions in relation to—\n\t(a)\tthe quantity and nature of the explosives to be stored in the magazine at any one time; and\n\t(b)\tthe measures and precautions to be taken for, or in relation to, the safety and security of any person or property, and to ensure that the magazine is kept properly maintained and repaired,\nas may be prescribed, and as the Director may think fit to add, and specifies in the licence.\n\t(4)\tIf a person in whose name a licence is issued under this section contravenes or fails to comply with this Act or a condition of the licence, the licensee is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$35 000;\n\t(b)\tin any other case—$5 000 or imprisonment for 12 months, or both.\n\t(5)\tIf a licensee is guilty of an offence against subsection (4)—\n\t(a)\tthe whole or any part of the explosives in the magazine may be forfeited to the Crown by a court of summary jurisdiction; and\n\t(b)\tthe licence may be revoked by the Director.\n22—Licensing of premises\n\t(1)\tThe Director may license any person to store explosives upon any premises subject to this Act.\n\t(2)\tThe licence shall be valid only for the person named therein and for the quantities of explosives named therein.\n\t(3)\tIf a person in whose name a licence is issued under this section contravenes or fails to comply with this Act or a condition of the licence, the licensee is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$35 000;\n\t(b)\tin any other case—$5 000 or imprisonment for 12 months, or both.\n\t(4)\tIf a licensee is guilty of an offence against subsection (3)—\n\t(a)\tthe whole or any part of the explosives on the premises may be forfeited to the Crown by a court of summary jurisdiction; and\n\t(b)\tthe licence may be revoked by the Director.\n23—Keeping of explosives\n\t(1)\tSubject to subsection (2), explosives shall be kept only—\n\t(a)\tin a Government magazine; or\n\t(b)\tin a magazine duly licensed by the Director; or\n\t(c)\ton any premises duly licensed by the Director as premises whereon explosives may be stored; or\n\t(d)\tin the underground workings of a mine in accordance with the provisions of the Mines and Works Inspection Act 1920 and the regulations made under that Act.\n\t(2)\tThis section shall not apply to explosives kept by any person for his own use, the weight of which in the case of gunpowder does not exceed 15 kilograms, or in the case of any other explosive, 3 kilograms, but that in no case shall the exemption provided for by this subsection extend to the keeping of more than one hundred detonators.\n\t(3)\tIf explosives are kept contrary to this section, the occupier of the place in which the explosives are kept and the owner of the explosives are each guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$35 000;\n\t(b)\tin any other case—$5 000 or imprisonment for 12 months, or both.\nExpiation fee: $315.\n\t(4)\tIf explosives are kept contrary to this section, they may be seized by an inspector and may be forfeited to the Crown by a court of summary jurisdiction.\n24—Storage charges in Government magazines\nThe storage rent and other charges for any explosives deposited in a Government magazine shall—\n\t(a)\tbe fixed from time to time by the Minister;\n\t(b)\tbe payable by the person depositing the explosives;\n\t(c)\tbe recoverable from the said person by the Director as a debt due to the Director by action in any competent court.\n25—Power to sell explosives\n\t(1)\tIf the storage rent and other charges and expenses incurred in respect of any explosives deposited in a Government magazine are not paid within twelve months after the explosives are so deposited, or within one month after demand is made for payment thereof by the Director, the Director may from time to time cause the explosives, or so much thereof as may appear to be necessary to satisfy all such rent, charges, and expenses, to be sold by public tender.\n\t(2)\tA call for public tender under subsection (1) must be published—\n\t(a)\ton a website determined by the Director; or\n\t(b)\tin a newspaper circulating generally in the State.\n\t(3)\tThe proceeds of any such sale shall be applied first to the payment of the said storage rent, charges, and expenses, and the surplus (if any) shall be paid to the person who deposited the explosives.\n26—Explosives to be in secure packages\nNo explosives shall be received at or removed from any Government magazine, licensed magazine, or licensed premises, except in the quantities and kinds of packages prescribed by the regulations, and the packages shall be so secured that no part of the explosive contained therein can be scattered in the removal thereof. In case of failure thereof an inspector may direct that the contents of the said packages be removed into fresh packages by such person and in such manner and place as he prescribes, and the magazine-keeper or person licensed in respect of the magazine or premises, as the case may be, shall charge the expenses attending the same to the owner thereof, and may refuse to deliver the explosive so removed into fresh packages until the said expenses are first paid.\n27—Testing of explosives in Government magazine\n\t(1)\tNo person shall remove any explosive from any Government magazine unless the prescribed fees for inspecting or testing the explosives have been first paid to the Director.\nMaximum penalty: $750.\n\t(2)\tExplosives shall not be delivered from a Government magazine until the Director has certified in writing that all fees due to the Director with respect to the explosives which it is desired to remove have been paid, and that the explosives are in a satisfactory condition.\n28—Sale or transfer to be reported to the officer in charge\nIf the owner of any explosive, while it is deposited in any Government magazine, sells or transfers the whole or any part of the same to any other person, the sale or transfer shall be immediately reported in writing to the Director or magazine-keeper, and a certificate of the sale or transfer, together with any other documents necessary for claiming transfer and delivery of the explosive from the owner, shall also be produced to the Director or magazine-keeper, in order that the same may be duly registered, otherwise the magazine-keeper may refuse to deliver up the said explosive to any other than the recipient of the original certificate. The owner shall pay to the Director such fee (if any) for every registration of the sale or transfer as the Director may direct.\nPart 4A—Acquisition of land\n28A—Definitions\nIn this Part—\nland means an estate or interest (legal or equitable) in land and includes an easement right power or privilege over affecting or in connection with land;\nmining lease means a lease granted under the Mining Act 1930.\n28B—Power to acquire land\n\t(1)\tThe Minister may, subject to section 28C of this Act, acquire either by agreement or compulsorily any land that may be required for the purposes of this Act.\n\t(2)\tFor the purposes of this Part, the Compulsory Acquisition of Land Act 1925 is incorporated with this Act, and for the purposes of that Act as so incorporated—\n\t(a)\tan acquisition of land under this Part shall be deemed to be an undertaking; and\n\t(b)\tthe Minister shall be deemed to be the promoter of such an undertaking.\n28C—Surrender of mining leases\nWhere any land required for the purposes of this Act is comprised in a mining lease, the Governor may on the recommendation of the Minister of Mines accept a surrender of the lease or any part thereof or resume for the purposes of this Act the land or any part thereof comprised in the lease.\n28D—Power to dispose of surplus land\n\t(1)\tThe Minister may demise any land that is held or used by him for the purposes of this Act and is not immediately required for any such purpose, for such period, at such rent, and upon such conditions as he thinks fit, and may sell or otherwise dispose of any such land or other property that he does not further require for any such purpose, and may transfer or convey the land or other property to the purchaser or as the purchaser directs.\n\t(2)\tMoneys accruing from the sale or other disposition of any property sold or disposed of pursuant to this section shall be paid by the Minister to the Treasurer.\nPart 5—Control of explosives in ships\n29—Vessels arriving with explosives to hoist flag\n\t(1)\tThe master of any ship on board of which there are any explosives exceeding 15 kilograms in weight of gunpowder or 3 kilograms in weight of any other explosive shall on approaching a port exhibit from the mast head or some other conspicuous position on the ship, by day, flag B of the international code, and, by night, a red light.\n\t(2)\tThe master of any ship shall during the time the ship is within any port and—\n\t(a)\tany explosives exceeding 15 kilograms in weight of gunpowder or 3 kilograms in weight of any other explosive are on board the ship; or\n\t(b)\tany boat is alongside the ship and there are on board such boat explosives exceeding 15 kilograms in weight of gunpowder or 3 kilograms weight of any other explosive,\nexhibit from the mast head or some other conspicuous position on the ship, by day, flag B of the international code, and, by night, a red light.\n\t(3)\tThe master of a ship who fails to comply with this section is guilty of an offence.\nMaximum penalty: $5 000.\n30—Prohibited areas\n\t(1)\tThe Minister of Marine may from time to time by notice published in the Government Gazette declare that the whole or any part of any port shall be a prohibited area.\n\t(2)\tThe Minister of Marine may from time to time revoke or vary any such notice by notice published in the Government Gazette.\n31—Ships carrying explosives\n\t(1)\tSubject to subsection (3), no ship or boat on board of which there are any explosives exceeding 15 kilograms in weight of gunpowder or 3 kilograms in weight of any other explosive shall be brought within or be within any prohibited area except as authorised by this section.\n\t(2)\tSubject to subsection (3), the master of every such ship or boat shall, before the ship or boat is brought within any prohibited area, discharge all explosives in excess of the weight specified in subsection (1) and forthwith convey them, or cause them to be conveyed into such magazine or magazines, or licensed premises, as are appointed by the Director.\n\t(3)\tThe Minister of Marine may grant an authority to the master of any ship or boat to bring or cause the ship to be within any prohibited area. Any such authority may be granted subject to any conditions thought fit by the Minister of Marine.\n\t(4)\tThe master of a ship which is brought into or is within a prohibited area contrary to this section, or who contravenes any condition of an authority granted under this section, is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 12 months, or both.\n\t(5)\tSubject to section 38, the provisions of this section shall not apply to any boat under the control of the Director.\n32—Procedure at magazine\n\t(1)\tUpon the receipt of any such explosives at any Government magazine, licensed magazine, or licensed premises appointed by the Director under section 31 of this Act, the magazine-keeper, or person in charge of the licensed magazine or licensed premises shall give to the master or agent of the master, a receipt describing the packages containing the same, which receipt shall be deemed in law to maintain any lien which the master or owner of the ship or boat may have upon the said explosives therein described for freight or other lawful charges upon the same respectively. The master, owner, or agent of the master or owner shall forthwith give to the Director notice in writing of any such lien.\n\t(2)\tEvery person to whom any such explosives are consigned shall, within forty-eight hours after the arrival of the ship or boat at the port, deliver to the magazine-keeper or the person in charge of the licensed magazine or licensed premises a full description of the explosives, showing the quantity with the marks and numbers of the packages containing the same, which description the magazine-keeper or the person in charge of the licensed magazine or licensed premises shall enter, together with the name of such person, in a book to be kept for that purpose, and shall thereupon give a certificate of the entry to the said person.\n\t(3)\tNo person shall be entitled to receive any explosives from any Government magazine unless he produces to the Director or magazine-keeper such certificate, nor unless the storage and any other charges authorised by this Act have been paid to the magazine-keeper, or other person authorised by the Director to receive the same.\n33—Explosives on arrival to be reported\n\t(1)\tThe master of every ship arriving in any port with explosives exceeding 15 kilograms in weight of gunpowder or 3 kilograms in weight of any other explosive on board the ship, shall give the prescribed notice of intention to land the same to the Director and the Minister of Marine.\n\t(2)\tSo soon as the same are reported to the Director, he may, subject to section 31, grant a permit or permits to the master of the ship to land the explosives in order that the same may be deposited in a Government magazine, licensed magazine, or licensed premises.\n\t(3)\tThe master of a ship who fails to comply with this section is guilty of an offence.\nMaximum penalty: $5 000.\n34—Explosives removed from ship\n\t(1)\tExplosives shall be discharged from and loaded into any ship or boat in any port only between such hours as may be appointed by the Minister of Marine.\n\t(2)\tWhen any quantity or quantities of explosives are so removed, the same shall be brought direct from the ship or boat to such place as is appointed by the Minister of Marine for the landing of the explosives.\n\t(3)\tA person who discharges, loads or conveys explosives contrary to this section is guilty of an offence.\nMaximum penalty: $5 000.\n35—Penalty on going alongside wharves\n\t(1)\tNo ship or boat shall, except with the authority of the Minister of Marine, come alongside any wharf in any port until all explosives exceeding 15 kilograms in weight of gunpowder or 3 kilograms in weight of any other explosive which may be on board are first landed as provided by this Part.\n\t(2)\tThe Minister of Marine may grant authority to the master of any ship or boat to come alongside any such wharf without requiring the explosive to be landed as aforesaid. Any such authority may be granted subject to any conditions thought fit by the Minister of Marine.\n\t(3)\tThe master of a ship or boat in respect of which any contravention of this section is committed is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 12 months, or both.\n\t(4)\tSubject to section 38, the provisions of this section shall not apply to any boat under the control of the Director.\n36—Explosives to be landed at the place appointed for the purpose\n\t(1)\tNo explosives shall be landed or shipped in any port in South Australia, other than at such landing places or shipping places as are appointed for that purpose by the Minister of Marine.\n\t(2)\tA person who lands or attempts to land, or ships or attempts to ship, explosives contrary to this section is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$35 000;\n\t(b)\tin any other case—$5 000 or imprisonment for 12 months, or both.\n37—Explosives not to be shipped within certain limits\n\t(1)\tNo ship or boat shall, except with the authority of the Minister of Marine, take on board any explosives exceeding 15 kilograms in weight of gunpowder or 3 kilograms in weight of any other explosive whilst within any prohibited area.\n\t(2)\tThe Minister of Marine may grant authority to the master of any ship or boat to take on board explosives within a prohibited area. Any such authority may be granted subject to any conditions thought fit by the Minister of Marine.\n\t(3)\tThe master of a ship or boat in respect of which a contravention of this section is committed is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 12 months, or both.\n\t(4)\tSubject to section 38, the provisions of this section shall not apply to any boat under the control of the Director.\n38—Control over ships and boats in ports\n\t(1)\tThe Minister of Marine may from time to time direct at what times and in what manner ships and boats carrying explosives exceeding 15 kilograms in weight of gunpowder or 3 kilograms in weight of any other explosive, shall enter or leave or be navigated within any port.\n\t(2)\tThe master of a ship or boat who fails to comply with a direction under this section is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 12 months, or both.\n\t(3)\tThis section shall apply to any boat under the control of the Director.\n39—Boats carrying explosives to be licensed and provided with tarpaulins\n\t(1)\tNo boat shall be used for the conveyance of explosives unless—\n\t(a)\tit is approved by the Director or it is the property of the Minister of Marine; and\n\t(b)\tit is provided with such tarpaulins or other coverings as the Director may direct.\n\t(2)\tA person who conveys explosives, or causes explosives to be conveyed, in a boat that does not comply with subsection (1) is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$35 000;\n\t(b)\tin any other case—$5 000 or imprisonment for 12 months, or both.\n40—Power to delegate authority\n\t(1)\tThe Minister of Marine may from time to time in writing authorise any officer or officers of the Department of Marine and Harbors to exercise all or any of the powers of the Minister of Marine under this Part. Any such authority may be revoked by the Minister of Marine.\n\t(2)\tAny such officer while authorised as aforesaid—\n\t(a)\tmay exercise the powers conferred as aforesaid in the same manner and to the extent to which the powers could be exercised by the Minister of Marine; and\n\t(b)\tshall in the exercise of the powers be deemed to be entitled to the same immunities and privileges as Minister of Marine.\n41—Savings as to ships rockets etc\nThis Part shall not apply to any gunpowder, rockets, or other explosives in respect of any ship which are required to be carried as part of the ship's equipments for the purpose of making signals.\nPart 6—Miscellaneous\n42—Powers of inspectors\n\t(1)\tAny inspector may—\n\t(a)\tat any time enter, inspect, and examine any magazine or premises licensed by the Director or any place where he believes any explosives may be found or any other place which it is necessary or convenient to enter, inspect or examine for the purpose of securing the due administration and enforcement of this Act; and\n\t(b)\tmake any general or particular inquiries as to the observance of, or which are necessary for the purposes of this Act; and\n\t(c)\ttake without payment such samples of any substance which he believes to be an explosive as are necessary for the examination and testing thereof; and\n\t(d)\tseize, detain, and remove any explosive and any package or vehicle in which the same is contained if he has reasonable cause to believe that there has been a contravention of this Act in respect of the explosive; and\n\t(e)\twhere he believes it necessary in the public interest, with the consent of the Minister destroy or otherwise dispose of any explosive: Provided that in cases of imminent danger he may so act without such consent.\n\t(2)\tThe expenses incurred in the examination, destruction or disposal of any explosive under paragraph (e) of subsection (1) shall be borne by the owner of the explosive.\n\t(3)\tAny inspector may, if any situation or activity involving explosives is in his opinion a danger or potential danger to any person, by an order or direction in writing require the person apparently in charge of the situation or activity to remove the danger or potential danger by taking the steps specified in the order or direction within the period of time so specified or by ceasing the activity forthwith.\n43—Inspector may be assisted\nEvery person on or about the place inspected who—\n\t(a)\tdoes not, upon being requested so to do by an inspector facilitate the entry, inspection, and examination authorised by this Act by the inspector; or\n\t(b)\tdoes not, upon being so requested, facilitate the taking of samples, or the seizure, detention, or removal of any explosive, packages, or vehicle, or the destruction or disposal of any explosive authorised by this Act,\nis guilty of an offence.\nMaximum penalty: $5 000.\n44—Obstructing inspectors\n\t(1)\tA person who—\n\t(a)\tobstructs or hinders an inspector; or\n\t(b)\tinterferes with, or prevents the exercise of, a power conferred by this Act upon an inspector; or\n\t(c)\tdisobeys a lawful order or direction of an inspector; or\n\t(d)\trefuses or fails to answer truthfully questions put by an inspector pursuant to this Act,\nis guilty of an offence.\nMaximum penalty: $5 000.\n\t(2)\tA person is not required to answer a question put by an inspector if the answer to the question would tend to incriminate him or her of an offence.\n\t(3)\tIf a person is guilty of an offence under subsection (1) and that person, or the employer of that person, is licensed under this Act, that licence may be revoked by the Director.\n45—Protection to inspector\nNo inspector shall be liable, except in respect of any wilful neglect or default, to any legal proceedings for anything done in pursuance of this Act.\n46—Powers of the Director\n\t(1)\tIf in the opinion of the Director any explosive under the control of the Director—\n\t(a)\thas been damaged, or from its condition is, or is likely to become, dangerous to life or property during storage, transport, or use; or\n\t(b)\thas not been defined and classified as provided in section 6, or does not conform in composition, quality, and character to the definition made in accordance with that section,\nthe Director may destroy the explosive, or may order the same to be destroyed or otherwise disposed of.\n\t(2)\tThe expense of the destruction or disposal shall be borne by the owner of the explosive.\n47—Deeming provision\nFor the purposes of section 46, an explosive shall be deemed to be under the control of the Director—\n\t(a)\tif it is in a Government magazine; or\n\t(b)\tif it is in a magazine afloat; or\n\t(c)\tif it is on board any ship or boat in any port; or\n\t(d)\tif it is in course of being landed from any such ship or boat; or\n\t(e)\tif it is in course of being shipped in any port; or\n\t(f)\tif it is on board any boat approved by the Director under section 39, or owned by the board; or\n\t(g)\tif it is in course of removal from or to any magazine to or from any ship or boat in any port.\n48—Power to prohibit manufacture, storage, and carriage of specially dangerous explosives\n\t(1)\tNotwithstanding anything in this Act, the Governor may from time to time by proclamation prohibit, either absolutely, or subject to conditions or restrictions, the manufacture, keeping, conveyance, and sale, or any of them, of any explosive when in the judgment of the Governor it is expedient for the public safety to make such proclamation.\n\t(2)\tAny explosive manufactured in contravention of any such proclamation shall be deemed to be manufactured in an unauthorised place.\n\t(3)\tA person—\n\t(a)\twho conveys an explosive or causes it to be conveyed; or\n\t(b)\twho sells an explosive; or\n\t(c)\twho keeps an explosive; or\n\t(d)\tto whom an explosive is delivered,\nin contravention of a proclamation under subsection (1), is guilty of an offence.\nMaximum penalty: \n\t(a)\tin the case of a body corporate—$35 000;\n\t(b)\tin any other case—$5 000 or imprisonment for 12 months, or both.\n\t(3a)\tIf an explosive is conveyed, sold or kept in contravention of a proclamation under subsection (1), all or any part of the explosive may be forfeited to the Crown by a court of summary jurisdiction.\n\t(4)\tThe Governor may by proclamation revoke any proclamation made as aforesaid.\n48A—Conditions of licences and permits\n\t(1)\tThe issuing authority may, at any time, by notice in writing given personally or by post to the holder of a licence or permit granted under this Act, vary or revoke a condition of the licence or permit imposed by the issuing authority, or attach a further condition to the licence or permit.\n\t(2)\tIn this section—\nissuing authority means the Minister or the Director responsible for granting licences or permits of the class concerned.\n49—Factory licence unnecessary in certain cases\nNotwithstanding anything contained in this Act it shall not be necessary for any person licensed to keep a magazine or other premises pursuant to Part 4 to take out a licence for a factory by reason only that in connection with his magazine or licensed premises he fills for sale or otherwise any cartridge for small arms with any explosive if in so doing he invariably complies with the provisions of this Act or any regulation thereunder relating to the filling of cartridges.\n50—Penalty on and removal of trespassers\n\t(1)\tA person who enters without permission or otherwise trespasses upon a magazine or factory (whether licensed or not) or immediately adjoining land which is occupied in connection with the magazine or by the occupier of the factory is guilty of an offence.\nMaximum penalty: $1 250 or imprisonment for 3 months.\n\t(1a)\tA person who commits an offence against subsection (1) may immediately be removed from the magazine, factory or land by a police officer or by the keeper or occupier of the magazine or factory or any agent or servant of, or other person authorised by, the keeper or occupier.\n\t(2)\tAny person other than the keeper or occupier of, or person employed in or about, a magazine or factory (whether licensed or not) who does any act which tends to cause explosion or fire in or about the magazine or factory is guilty of an offence.\nMaximum penalty: $5 000 or imprisonment for 12 months, or both.\n\t(3)\tThe keeper or occupier of any such magazine or factory shall post up in some conspicuous place or places a notice or notices warning all persons of their liability to penalties under this section, but the absence of any such notice or notices shall not exempt a person from a penalty under this section.\n51—Supplemental provisions as to forfeiture of explosive\n\t(1)\tWhere a court before which a person is convicted of an offence against this Act has power to forfeit any explosive owned by or found in the possession or under the control of such person, the court may, if it thinks it just and expedient, in lieu of forfeiting the explosive, impose upon such person in addition to any other penalty or punishment a penalty not exceeding such sum as appears to the court to be the value of the explosive so liable to be forfeited.\n\t(2)\tWhere any explosive or ingredient of an explosive is alleged to be liable under this Act to be forfeited, any complaint may be laid against the owner of the explosive or ingredient for the purpose only of enforcing the forfeiture; and where the owner is unknown or cannot be found the court may cause a notice to be advertised stating that, unless cause is shown to the contrary at the time and place named in the notice, the explosive may be forfeited, and at such time and place the court after hearing the owner or any person in his behalf (who may be present) may order all or any part of the explosive or ingredient to be forfeited.\n51A—Offences by bodies corporate\nWhere a body corporate is guilty of an offence against this Act, every member of the governing body and the manager of the body corporate is guilty of an offence and liable to the penalty prescribed for that offence when committed by a natural person, unless the member or manager proves that he or she—\n\t(a)\tdid not know and could not reasonably be expected to have known of the commission of that offence; or\n\t(b)\texercised all due diligence to prevent the commission of that offence.\n51B—Continuing offences\n\t(1)\tWhere an offence against a provision of this Act is committed by a person by reason of a continuing act or omission—\n\t(a)\tthe person is liable, in addition to the penalty otherwise applicable to the offence, to a penalty for each day during which the act or omission continues of not more than an amount equal to one-fifth of the maximum penalty prescribed for that offence; and\n\t(b)\tif the act or omission continues after the person is convicted of the offence, the person is guilty of a further offence against that provision and liable, in addition to a penalty otherwise applicable to the further offence, to a penalty for each day during which the act or omission continues after that conviction, of not more than an amount equal to one-fifth of the maximum penalty prescribed for that offence.\n\t(2)\tFor the purposes of this section, an obligation to do something is to be regarded as continuing until the act is done notwithstanding that any period within which, or time before which, the act is required to be done has expired or passed.\n51C—Delegation by Director\n\t(1)\tThe Director may, by instrument in writing, delegate to any person engaged in the administration of this Act any of his or her powers or functions under this Act.\n\t(2)\tA delegation under subsection (1)—\n\t(a)\tis revocable at will; and\n\t(b)\tdoes not prevent the Director from acting personally in any matter.\n\t(3)\tIn any legal proceedings, an apparently genuine document purporting to be a certificate signed by the Director containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof of those particulars.\n52—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprovide for licences or permits in respect of—\n\t(i)\tthe mixing and use of Ammonium Nitrate mixture;\n\t(ii)\tthe importation of explosives;\n\t(iii)\tthe keeping and selling of explosives;\n\t(iv)\tthe purchase of explosives;\n\t(v)\tthe use of explosives;\n\t(vi)\tany other class of activity related to explosives;\n\t(b)\tprescribe or provide for the imposition of conditions of a licence or permit granted under this Act;\n\t(c)\tmake provision for the suspension or revocation of a licence or permit granted under this Act;\n\t(d)\tprescribe or provide for the term of a licence or permit granted under this Act and for the renewal of such a licence or permit;\n\t(e)\tin relation to a factory for the manufacture of explosives, prescribe—\n\t(i)\trules to be observed in the factory; or\n\t(ii)\tany matter in relation to—\n\t(A)\tthe construction of the factory; or\n\t(B)\tthe safety of persons in the factory or the public generally;\n\t(f)\tprovide for or regulate the inspection or testing of explosives;\n\t(g)\tregulate or prohibit the manufacture, storage, receipt, removal, packaging, labelling, display or carriage of explosives or ingredients of explosives;\n\t(h)\tregulate or restrict the mixing of, or use of, products that may be used for blasting;\n\t(i)\tregulate or prohibit the sale of explosives or prescribe the conditions on which, or the persons to whom, explosives may be sold;\n\t(j)\tregulate or prohibit the importation into the State of explosives;\n\t(k)\tregulate or prohibit the use of explosives;\n\t(l)\tprescribe the forms or processes for making applications for the purposes of this Act;\n\t(m)\texempt, or provide for the exemption of, classes of persons, explosives or activities from the application of this Act or specified provisions of this Act (either conditionally or unconditionally);\n\t(n)\tfix fees in respect of any matter under this Act and provide for their payment, recovery or waiver;\n\t(o)\tprescribe fines not exceeding $5 000 for offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general or limited application;\n\t(b)\tvary in their application according to prescribed factors;\n\t(c)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Director, or an inspector.\n53—Magazines in municipalities\nNo regulation nor any licence issued under this Act shall be construed to authorise the storage of any explosive in any municipality contrary to the provisions of any by-law made by the council of that municipality.\n54—Continuance of regulations\nAll regulations relating to explosives made pursuant to the Marine Board and Navigation Acts 1881 shall, so far as not inconsistent with this Act, continue in force as if made under this Act until expressly or impliedly repealed by regulations made under this Act.\n55—Saving provision\nThe provisions of this Act shall be construed as in addition to and not in substitution for the provisions of the Harbors Act 1936 and the Marine Act 1936.\n56—Summary proceedings\nAll proceedings for offences against this Act shall be disposed of summarily.\n57—Financial provision\nThe moneys required for the purposes of this Act shall be paid out of moneys provided by Parliament for those purposes.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nRepeal of Act\nThe Explosives Act 1936 will be repealed by Sch 1 cl 4 of the Explosives Act 2024.\nLegislation amended by principal Act\nThe Explosives Act 1936 amended the following:\nHarbors Act 1936\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1936\n2306\n Explosives Act 1936\n19.11.1936\n1.7.1937 (Gazette 25.3.1937 p644)\n1958\n33\n Explosives Act Amendment Act 1958\n20.11.1958\n20.11.1958\n1962\n23\n Explosives Act Amendment Act 1962\n25.10.1962\n25.10.1962\n1963\n15\n Explosives Act Amendment Act 1963\n7.11.1963\n7.11.1963\n1966\n89\n Harbors Act Amendment Act 1966\n2.3.1967\n20.3.1967 (Gazette 2.3.1967 p681)\n1968\n61\n Explosives Act Amendment Act 1968\n23.12.1968\n23.12.1968\n1972\n43\n Explosives Act Amendment Act 1972\n20.4.1972\n20.4.1972\n1974\n67\n Explosives Act Amendment Act 1974\n10.10.1974\n10.10.1974\n1982\n5\n Explosives Act Amendment Act 1982\n25.2.1982\n25.2.1982\n1990\n16\n Explosives Act Amendment Act 1990\n19.4.1990\n19.4.1990\n1992\n71\n Statutes Amendment (Expiation of Offences) Act 1992\n19.11.1992\n1.3.1993 (Gazette 18.2.1993 p600)\n1993\n1\n Statutes Amendment (Chief Inspector) Act 1993\n25.2.1993\n1.7.1993 (Gazette 17.6.1993 p1974)\n1999\n30\n Explosives (Broad Creek) Amendment Act 1999\n10.6.1999\n24.6.1999 (Gazette 24.6.1999 p3155)\n2001\n31\n Explosives (Miscellaneous) Amendment Act 2001\n3.8.2001\n1.12.2001 (Gazette 22.11.2001 p5078)\n2019\n25\n Statutes Amendment and Repeal (Simplify) Act 2019\n3.10.2019\nPt 16 (s 30)—3.10.2019: s 2(1)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 4 of The Public General Acts of South Australia 1837-1975 at page 13.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nPt 1\n\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ns 3\ndeleted by 31/2001 s 9 (Sch)\n1.12.2001\ns 4\n\n\nchief inspector\ndeleted by 1/1993 s 16(a)\n1.7.1993\nthe Director\ninserted by 1/1993 s 16(a)\n1.7.1993\ninspector\namended by 1/1993 s 16(b)\n1.7.1993\n\nsubstituted by 31/2001 s 3\n1.12.2001\ns 6\n\n\ns 6(1)\namended by 1/1993 s 17\n1.7.1993\ns 9\nsubstituted by 1/1993 s 18\n1.7.1993\nPt 2\n\n\ns 11\n\n\ns 11(2)\namended by 16/1990 s 2\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 12\n\n\ns 12(3)\nsubstituted by 16/1990 s 3\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 12(4)\ninserted by 16/1990 s 3\n19.4.1990\ns 13\n\n\ns 13(1)\namended by 16/1990 s 4(a)\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 13(2)\ndeleted by 16/1990 s 4(b)\n19.4.1990\nPt 3\n\n\ns 16\n\n\ns 16(2)\nsubstituted by 16/1990 s 5\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 18\nsubstituted by 16/1990 s 6\n19.4.1990\n\nsubstituted by 31/2001 s 9 (Sch)\n1.12.2001\ns 19\n\n\ns 19(1)\nsubstituted by 16/1990 s 7\n19.4.1990\n\namended by 1/1993 s 19(a)\n1.7.1993\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 19(2)\namended by 1/1993 s 19(b)\n1.7.1993\nPt 4\n\n\ns 20\n\n\ns 20(2)\namended by 1/1993 s 20\n1.7.1993\ns 21\n\n\ns 21(1)\namended by 1/1993 s 21(a)\n1.7.1993\ns 21(2)\namended by 1/1993 s 21(b)\n1.7.1993\ns 21(3)\namended by 1/1993 s 21(c)\n1.7.1993\ns 21(4)\nsubstituted by 16/1990 s 8\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 21(5)\ninserted by 16/1990 s 8\n19.4.1990\n\namended by 1/1993 s 21(d)\n1.7.1993\ns 22\n\n\ns 22(1)\namended by 1/1993 s 22(a)\n1.7.1993\ns 22(3)\nsubstituted by 16/1990 s 9\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 22(4)\ninserted by 16/1990 s 9\n19.4.1990\n\namended by 1/1993 s 22(b)\n1.7.1993\ns 23\n\n\ns 23(1)\namended by 1/1993 s 23\n1.7.1993\ns 23(3)\nsubstituted by 16/1990 s 10\n19.4.1990\n\namended by 71/1992 s 3(1) (Sch)\n1.3.1993\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 23(4)\ninserted by 16/1990 s 10\n19.4.1990\n\namended by 31/2001 s 4\n1.12.2001\ns 24\namended by 1/1993 s 24\n1.7.1993\ns 25\n\n\ns 25(1)\namended by 1/1993 s 25\n1.7.1993\ns 25(2)\nsubstituted by 25/2019 s 30\n3.10.2019\ns 27\n\n\ns 27(1)\namended by 16/1990 s 11(a)\n19.4.1990\n\namended by 1/1993 s 26(a)\n1.7.1993\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 27(2)\namended by 1/1993 s 26(b)\n1.7.1993\ns 27(3)\ndeleted by 16/1990 s 11(b)\n19.4.1990\ns 28\namended by 1/1993 s 27\n1.7.1993\nPt 4A\n\n\ns 28A\n\n\nthe creek\ndeleted by 30/1999 s 3\n24.6.1999\ns 28E\namended by 16/1990 s 12\n19.4.1990\n\ndeleted by 30/1999 s 4\n24.6.1999\ns 28F\ndeleted by 30/1999 s 4\n24.6.1999\nPt 5\n\n\ns 29\n\n\ns 29(3)\namended by 16/1990 s 13\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 31\n\n\ns 31(2)\namended by 1/1993 s 28(a)\n1.7.1993\ns 31(4)\nsubstituted by 16/1990 s 14\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 31(5)\namended by 1/1993 s 28(b)\n1.7.1993\ns 32\n\n\ns 32(1)\namended by 1/1993 s 29(a)\n1.7.1993\ns 32(3)\namended by 1/1993 s 29(b)\n1.7.1993\ns 33\n\n\ns 33(1)\namended by 1/1993 s 30(a)\n1.7.1993\ns 33(2)\namended by 1/1993 s 30(b)\n1.7.1993\ns 33(3)\ninserted by 16/1990 s 15\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 34\n\n\ns 34(3)\ninserted by 16/1990 s 16\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 35\n\n\ns 35(3)\nsubstituted by 16/1990 s 17\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 35(4)\namended by 1/1993 s 31\n1.7.1993\ns 36\n\n\ns 36(2)\nsubstituted by 16/1990 s 18\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 37\n\n\ns 37(3)\nsubstituted by 16/1990 s 19 \n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 37(4)\namended by 1/1993 s 32\n1.7.1993\ns 38\n\n\ns 38(2)\nsubstituted by 16/1990 s 20\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 38(3)\namended by 1/1993 s 33\n1.7.1993\ns 39\n\n\ns 39(1)\namended by 1/1993 s 34\n1.7.1993\ns 39(2)\nsubstituted by 16/1990 s 21\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\nPt 6\n\n\ns 42\n\n\ns 42(1)\namended by 1/1993 s 35\n1.7.1993\ns 43\namended by 16/1990 s 22\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 44\nsubstituted by 16/1990 s 23\n19.4.1990\ns 44(1)\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 44(3)\namended by 1/1993 s 36\n1.7.1993\ns 46\n\n\ns 46(1)\namended by 1/1993 s 37\n1.7.1993\ns 47\namended by 1/1993 s 38\n1.7.1993\ns 48\n\n\ns 48(3)\nsubstituted by 16/1990 s 24\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 48(3a)\ninserted by 16/1990 s 24\n19.4.1990\ns 48A\ninserted by 31/2001 s 5\n1.12.2001\ns 50\n\n\ns 50(1)\nsubstituted by 16/1990 s 25\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\ns 50(1a)\ninserted by 16/1990 s 25\n19.4.1990\n\namended by 31/2001 s 6\n1.12.2001\ns 50(2)\nsubstituted by 16/1990 s 25\n19.4.1990\n\namended by 31/2001 s 9 (Sch)\n1.12.2001\nss 51A and 51B\ninserted by 16/1990 s 26\n19.4.1990\ns 51C\ninserted by 1/1993 s 39\n1.7.1993\ns 52\namended by 5/1982 s 2\n25.2.1982\n\namended by 16/1990 s 27\n19.4.1990\n\namended by 1/1993 s 40\n1.7.1993\n\nsubstituted by 31/2001 s 7\n1.12.2001\ns 58\nomitted under Legislation Revision and Publication Act 2002\n\nSch\ndeleted by 30/1999 s 5\n24.6.1999\nTransitional etc provisions associated with Act or amendments\nStatutes Amendment (Chief Inspector) Act 1993\n65—Existing appointments\nThis Act does not affect the appointment of any person as an inspector before the commencement of this Act (other than as a Chief Inspector).\nExplosives (Miscellaneous) Amendment Act 2001\n8—Validation\n\t(1)\tThe regulations made or purportedly made under the principal Act before the commencement of this Act have the same force and effect, in relation to acts, omissions or things occurring after that commencement, as if made under the principal Act as amended by this Act.\n\t(2)\tIf a licence, permit, exemption, approval, authorisation, consent or direction purportedly in force under the regulations at the commencement of this Act could, if granted or given after that commencement, have been validly granted or given, the licence, permit, exemption, approval, authorisation, consent or direction—\n\t(a)\tis (and is taken always to have been) a valid licence, permit, exemption, approval, authorisation, consent or direction; and\n\t(b)\tis subject to any conditions purportedly in force at the commencement of this Act that could have been validly imposed after that commencement.\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—1.3.1993\n\nReprint No 3—1.7.1993\n\nReprint No 4—24.6.1999\n\nReprint No 5—1.12.2001\n\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The Act's practical reach has been expanded by later amendments that added corporate liability (s 51A), a continuing‑offence penalty regime (s 51B), delegation safeguards (s 51C), explicit power to vary licence conditions (s 48A) and land‑acquisition/disposal powers (Part 4A, ss 28A–28D). The regulations power (s 52) has also been broadened to move technical detail into subordinate instruments, shifting operational scope from the statute to delegated regulation."},"complexity_factors":["Wide scope of regulated activities: manufacture, storage, carriage, shipboard control, and use (Parts 2–5).","Extensive administrative discretion: powers for the Minister, Director and Minister of Marine to define explosives, declare Government magazines, prohibit explosives by proclamation, and grant/condition licences (ss 5, 6, 20, 48, 48A).","Layered licensing regimes with conditions, revocation, fees and reporting obligations for factories, magazines and carriers (ss 12, 21, 22, 19, 28).","Operational enforcement powers vested in inspectors: entry, sampling, seizure, destruction in public‑interest or imminent danger, and directed remedial action (ss 9, 42, 43).","Criminal and civil penalties, forfeiture and continuing offence regime, including corporate liability and daily penalties for ongoing breaches (ss 12(3), 23(3), 48(3a), 51, 51A, 51B).","Delegation and administrative delegation provisions permitting the Director and Ministers to delegate powers, increasing administrative complexity (ss 40, 46, 51C).","Regulations power is broad and can fill technical detail, exempt classes, fix fees and prescribe forms—much of the regime depends on subordinate instruments (s 52).","Cross‑references and interactions with other Acts (Harbors Act, Marine Act, Mines and Works Inspection Act, Compulsory Acquisition of Land Act) add legal interactions and implementation complexity (ss 28B, 55)."],"plain_english_summary":"This Act regulates the manufacture, storage, carriage and use of explosives in South Australia. It creates licence and inspection systems, empowers the Minister and the Director to define explosives, set conditions, inspect, seize or destroy materials, and prescribes offences, penalties and forfeiture. Licence-holders, owners and consignors bear fees, storage charges and disposal costs; inspectors and Ministers have broad discretion to grant, vary or revoke licences and to act in emergencies. The rules affect manufacturers, carriers, magazine operators, ship masters and anyone holding explosives."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as no legislative content was returned. The webpage only contained a site error message and navigation links, not the text of the Explosives Act 1936 (SA)."},"complexity_factors":["No legislative text was retrievable — the source URL returned a 404 Page Not Found error","Complexity cannot be meaningfully assessed without access to the actual legislation","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Explosives Act 1936* (South Australia) returned a **Page Not Found** error from the South Australian legislation website. This appears to be because the website underwent a significant update on **24 March 2026**, which broke older bookmarks and hyperlinks.\n\n**What this means for you:** No analysis of the actual law can be provided because the text of the legislation was not accessible. To find the current version of the *Explosives Act 1936* (SA), you should:\n- Visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and search for the Act by name\n- Update any old bookmarks using the site's current navigation\n- Contact the Office of Parliamentary Counsel at OPCWeb@sa.gov.au if you continue to have trouble\n\n**Note:** The *Explosives Act 1936* (SA) is a South Australian law that historically regulated the manufacture, storage, sale, and use of explosives — but no substantive analysis can be offered without access to the actual legislative text."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act has grown significantly beyond its original 1936 consolidation purpose. While originally focused on factory safety and basic storage/transport, amendments have added: corporate liability and director/officer liability provisions (1990); modern enforcement mechanisms including expiation fees (1992); delegation powers and administrative flexibility (1993, 2001); land acquisition powers for public safety (Part 4A, added later); and broad regulation-making powers covering ammonium nitrate mixtures and import controls. The 2001 amendments particularly expanded the regulatory scope to cover 'any other class of activity related to explosives' and modernised enforcement. The Act now functions as a comprehensive regulatory scheme rather than a simple consolidation of safety rules."},"complexity_factors":["Multiple overlapping licensing regimes (factories, magazines, premises, carriage) with distinct conditions and penalty structures","Numerous cross-references between Parts (e.g., definitions in Part 1 apply throughout; section 47 creates a complex 'deeming' provision for Director's control)","Variable penalty structures distinguishing between body corporates ($35,000) and natural persons ($5,000 and/or imprisonment)","Extensive delegated legislation framework (regulations can prescribe quantities, conditions, fees, and create additional licensing categories)","Multiple Ministerial and Director powers subject to conditions (e.g., proclamations under sections 5, 20, 48; reconstruction permissions under section 15)","Nested exemptions and exceptions (e.g., section 7 exempts Crown ammunition; section 8 exempts private safety cartridges; section 49 exempts cartridge filling from factory licensing)","Dual administrative control structure (Director vs Minister of Marine for port-related matters) requiring coordination","Historical legislative layering visible in amendments (e.g., replacement of 'Chief Inspector' with 'Director' in 1993; insertion of modern corporate liability provisions in 1990)","Part 5 (ships) contains intricate procedural requirements (flag signals, prohibited areas, specific landing places) with both absolute prohibitions and discretionary authorities"],"plain_english_summary":"**What this law does:**\n\nThe *Explosives Act 1936* (South Australia) is a comprehensive safety and regulatory framework that controls every stage of explosives handling—from manufacture to storage, transport, and sale. It aims to prevent accidents, protect public safety, and ensure only authorised people handle dangerous substances.\n\n**Who it affects:**\n\n- **Manufacturers** – Anyone making explosives or breaking down/repairing them needs a factory licence and must follow strict safety rules.\n- **Transporters** – Truck drivers, railway operators, and shipping companies must comply with quantity limits, licensing requirements, and safety conditions when moving explosives.\n- **Storage operators** – Owners of magazines (special storage facilities) and premises where explosives are kept need licences and must meet security and maintenance conditions.\n- **Ship masters and port operators** – Special rules apply to vessels carrying explosives in South Australian ports, including flag signals, prohibited areas, and designated landing points.\n- **General public** – Private individuals can keep small amounts (up to 15kg gunpowder or 3kg other explosives, plus limited detonators) without a licence, but nothing more.\n- **Inspectors and the Director** – Government officials have broad powers to enter premises, seize dangerous materials, issue orders, and destroy unsafe explosives.\n\n**Key requirements:**\n\n- **Licences required** for factories, private magazines, premises storage, and carriage of explosives above prescribed quantities.\n- **Government oversight** – The Director (Chief Executive of the relevant Department) controls Government magazines, classifies explosives, and can prohibit particularly dangerous substances.\n- **Strict transport rules** – Vehicles and ships must follow specific routes, timing, and safety protocols. Ships must fly flag 'B' and show red lights when carrying explosives.\n- **Land acquisition powers** – The Minister can compulsorily acquire land needed for explosive storage or safety purposes.\n- **Enforcement** – Inspectors can enter premises without notice, take samples, seize explosives, and issue immediate safety orders. Heavy penalties apply for breaches (up to $35,000 for companies, $5,000 and/or 12 months imprisonment for individuals).\n\n**Why it matters:**\n\nExplosives are inherently dangerous. This Act creates a \"cradle-to-grave\" regulatory system ensuring that only competent, licensed operators handle these materials, reducing the risk of catastrophic accidents in factories, on roads, or in populated areas. It also ensures that if something goes wrong, authorities have immediate powers to intervene."}},"importantCases":[],"_links":{"self":"/api/acts/explosives-act-1936","history":"/api/acts/explosives-act-1936/history","analysis":"/api/acts/explosives-act-1936/analysis","conflicts":"/api/acts/explosives-act-1936/conflicts","importantCases":"/api/acts/explosives-act-1936/important-cases","documents":"/api/acts/explosives-act-1936/documents"}}