Part 3DExplosives offences

Part 3D—Explosives offences 83M—Interpretation explosive device means (subject to subsection (2)(a)) any apparatus, machine, implement or materials used or apparently intended to be used or adapted for causing or aiding in causing any explosion in, or with, any explosive substance (and includes any part of any such apparatus, machine or implement); explosive substance means (subject to subsection (2)(b))— (a) any substance used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect; and (b) a substance, or substance of a kind, prescribed by the regulations; public place has the same meaning as in the Summary Offences Act 1953. (2) The Attorney‑General may, by notice in the Gazette— (a) declare that— (i) any specified apparatus, machine, implement or materials or kind of apparatus, machine, implement or materials; or (ii) any apparatus, machine, implement or materials used, possessed, supplied or manufactured in specified circumstances, is exempted from the definition of explosive device in subsection (1) (and may, by subsequent notice in the Gazette, vary or revoke any such declaration); or (b) declare that— (i) a specified substance or kind of substance; or (ii) a substance used, possessed, supplied or manufactured in specified circumstances, is exempted from the definition of explosive substance in subsection (1) (and may, by subsequent notice in the Gazette, vary or revoke any such declaration). 83N—Explosive devices (1) A person who uses an explosive device without lawful excuse is guilty of an offence. Maximum penalty: Imprisonment for 20 years. (2) A person who has possession of an explosive device in a public place without lawful excuse is guilty of an offence. (3) A person who has possession of, supplies or takes a step in the process of manufacture of an explosive device without lawful excuse is guilty of an offence. (4) For the purposes of subsection (3)— (a) a step in the process of manufacture of an explosive device includes, without limitation, any of the following when done for the purpose of manufacture of the device: (i) acquiring equipment, substances or materials; (ii) storing equipment, substances or materials; (iii) carrying, transporting, loading or unloading equipment, substances or materials; (iv) guarding or concealing equipment, substances or materials; (v) providing or arranging finance (including finance for the acquisition of equipment, substances or materials); (vi) providing or allowing the use of premises or jointly occupying premises; and (b) supply includes offer to supply. 83O—Explosive substances, prescribed equipment or instructions (1) A person who, in suspicious circumstances and without lawful excuse, uses, has possession of or supplies— (a) an explosive substance; or (b) equipment of a kind prescribed by the regulations; or (c) instructions on how to make an explosive device, (2) A person will be taken to use, have possession of or supply a thing in suspicious circumstances for the purposes of this section if the person uses, has possession of or supplies the thing in circumstances that give rise to a reasonable suspicion that the person is intending to cause harm to another person or to cause damage to property (or to assist another person to cause such harm or damage). 83P—Bomb hoaxes (a) places an article or substance in any place; or (b) sends an article or substance by any means of transportation, with the intention of inducing in another person a false belief that the article or substance is likely to explode or ignite or discharge a dangerous or deleterious matter is guilty of an offence. (2) A person who, whether within or outside South Australia, makes a statement or conveys information to another person, knowing or believing the statement or information to be false, with the intention of inducing in that other person, or any other person, a belief that an article or substance that is liable to explode, ignite or discharge dangerous or harmful matter is present in a place in South Australia is guilty of an offence. (3) For a defendant to be guilty of an offence against subsection (1) or (2) it is not necessary for the defendant to have any particular person in mind as the person in whom the defendant intends to induce the belief referred to in that subsection.