1Explosives Act 1936

South Australia Explosives Act 1936 An Act to consolidate and amend the law relating to explosives.

Contents Part 1—Preliminary 1 Short title 4 Interpretation 5 Extension of definition of explosive to other explosive substances 6 Definition and classification of explosives 7 Exemption of ammunition the property of His Majesty 8 Filling etc of safety cartridges 9 Inspectors Part 2—Manufacture of explosives 10 Persons carrying on certain processes to be deemed manufacturers 11 Special rules for regulation of workmen in factory 12 Licensing of factories 13 Precautions against fire and explosions 14 Adjoining places occupied together 15 Reconstruction of buildings destroyed by accident Part 3—Carriage of explosives 16 Restrictions as to carriage of explosives 17 Exemption of carrier where consignee etc in fault 18 Liability of consignor or consignee 19 Licences for carriage of explosives Part 4—Storage of explosives 20 Government magazines 21 Licensing of private magazines 22 Licensing of premises 23 Keeping of explosives 24 Storage charges in Government magazines 25 Power to sell explosives 26 Explosives to be in secure packages 27 Testing of explosives in Government magazine 28 Sale or transfer to be reported to the officer in charge Part 4A—Acquisition of land 28A Definitions 28B Power to acquire land 28C Surrender of mining leases 28D Power to dispose of surplus land Part 5—Control of explosives in ships 29 Vessels arriving with explosives to hoist flag 30 Prohibited areas 31 Ships carrying explosives 32 Procedure at magazine 33 Explosives on arrival to be reported 34 Explosives removed from ship 35 Penalty on going alongside wharves 36 Explosives to be landed at the place appointed for the purpose 37 Explosives not to be shipped within certain limits 38 Control over ships and boats in ports 39 Boats carrying explosives to be licensed and provided with tarpaulins 40 Power to delegate authority 41 Savings as to ships rockets etc Part 6—Miscellaneous 42 Powers of inspectors 43 Inspector may be assisted 44 Obstructing inspectors 45 Protection to inspector 46 Powers of the Director 47 Deeming provision 48 Power to prohibit manufacture, storage, and carriage of specially dangerous explosives 48A Conditions of licences and permits 49 Factory licence unnecessary in certain cases 50 Penalty on and removal of trespassers 51 Supplemental provisions as to forfeiture of explosive 51A Offences by bodies corporate 51B Continuing offences 51C Delegation by Director 52 Regulations 53 Magazines in municipalities 54 Continuance of regulations 55 Saving provision 56 Summary proceedings 57 Financial provision Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Explosives Act 1936. 4—Interpretation In this Act, unless the context or subject matter otherwise requires— boat means every vessel not a ship as herein defined which is used in navigation in any inland water or any port, whether propelled by oars or otherwise; the Director means— (a) the person for the time being holding, or acting in, the office of the Chief Executive Officer of the Department of the Minister to whom the administration of this Act is committed; or (b) any other person directed by the Minister to exercise the powers of the Director under this Act; explosive means— (a) gunpowder, nitro-glycerine, all compounds and mixtures containing nitro-glycerine, gun-cotton, blasting powder, fulminate of mercury or of other metal, coloured fires, and every other substance, whether similar to those abovementioned or not, used or manufactured with a view to produce a practical effect by explosion or a pyrotechnic effect; and (b) fog-signals, fireworks, fuses, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation of preparation of an explosive as above defined; factory means a factory duly licensed for the manufacture of any explosives; inspector means a police officer or a person appointed as an inspector of explosives under section 9; licensed magazine means a magazine in respect of which a licence is in force under section 21 of this Act; licensed premises means premises in respect of which a licence is in force under section 22 of this Act; magazine includes any hulk appointed for the storage of explosives; magazine-keeper means the person in charge of any Government magazine; master includes every person (except a pilot) having command or charge of a ship, and when used in reference to any boat belonging to a ship means the master of the ship, and when used in reference to any other boat includes every person having command or charge of the boat; Minister means the Minister of the Crown to whom for the time being the administration of this Act is committed by the Governor; port includes harbour, haven, roadstead, channel, and navigable creek, river, or lake; prescribed quantity of any explosive means the quantity of any particular kind of explosive or of several different kinds prescribed by regulation for the purposes of the section in which the expression is used; ship includes every description of vessel used in sea navigation, whether propelled by oars or otherwise; vehicle includes any carriage, wagon, cart, truck, vehicle, or other means of conveying goods or passengers by land in whatever manner the same may be propelled. 5—Extension of definition of explosive to other explosive substances (1) The Governor may from time to time by proclamation declare that any substance which appears to be specially dangerous to life or property by reason of its explosive properties or any component of any such substance shall be deemed to be an explosive within the meaning of this Act or any Part of this Act, and the provisions of this Act, or, as the case may be, the Part (subject to such exemptions, limitations, and restrictions as may be specified in the proclamation) shall accordingly extend to that substance in like manner as if it were included in the term explosive. (2) The Governor may by proclamation revoke any such proclamation. 6—Definition and classification of explosives (1) The Director may from time to time, with the consent of the Governor, define for the purposes of this Act the composition, quality, and character of any explosive, and may classify explosives. (2) Where the composition, quality, or character of any explosive has been defined as aforesaid, any article alleged to be that explosive which differs from the definition in composition, quality, or character, whether by reason of deterioration or otherwise, shall not be deemed for the purposes of this Act to be the explosive so defined. (3) Any definition made pursuant to section 364 of the Marine Board and Navigation Act 1881 shall, until varied or revoked by a definition made pursuant to this section, be deemed to be a definition made pursuant to this section. 7—Exemption of ammunition the property of His Majesty Nothing in this Act shall extend to or be construed to apply to any ammunition the property of His Majesty or of His Majesty's Government of the Commonwealth of Australia or of His Majesty's Government of South Australia, nor to the authorised carriage of ammunition to or from any of the King's ships or to or from any ships belonging to or used in the service of His Majesty's Government of the Commonwealth or of South Australia, or the King's magazines. 8—Filling etc of safety cartridges Nothing in this Act shall be deemed to prohibit the filling, carrying, conveying, or storing of any safety cartridges for private use only, and not for sale, in such quantities as may be prescribed by regulation. 9—Inspectors (1) The Minister may, by notice in the Gazette, appoint a person to be an inspector of explosives for the purposes of this Act. (2) Each inspector must be furnished with an appropriate identity card. (3) An inspector must produce the identity card for inspection by any person who questions his or her authority to exercise the powers of an inspector under this Act. Part 2—Manufacture of explosives 10—Persons carrying on certain processes to be deemed manufacturers Every person who carries on any of the following processes, namely, the process of dividing into its component parts or otherwise breaking up or unmaking any explosive or making fit for use any damaged explosive, or the process of remaking, altering, or repairing any explosive, shall be subject to the provisions of this Part, as if he manufactured an explosive, and the expression manufacture shall in this Part be construed accordingly. 11—Special rules for regulation of workmen in factory (1) Every occupier of a factory shall, with the sanction of the Minister, make special rules for the regulation of the persons managing or employed in or about the factory with a view to secure the observance of this Part therein and the safety and proper discipline of the said persons and the safety of the public. (2) There may be annexed to any breach of special rules made in pursuance of this section such penalties not exceeding $750 for each offence as may be deemed just. (3) The occupier may, and if required by the Minister shall, with the sanction of the Minister repeal, alter, or add to any special rules made in pursuance of this section. (4) If an occupier is required by the Minister to make, repeal, alter, or add to any rules under this section, and fails within three months after such requisition to comply therewith to the satisfaction of the Minister, the Minister may make, repeal, alter, or add to the special rules, and anything so done by the Minister shall have effect as if done by the occupier with the sanction of the Minister. (5) Section 38 of the Acts Interpretation Act 1915 shall apply to all such rules and to the repeal, alteration, or addition to any such rules. 12—Licensing of factories (1) The manufacture of any explosive shall not nor shall any process of such manufacture be carried on except at a factory licensed for the same under regulations made or for the time being in force under this Act: Provided that nothing in this section shall apply to the making of a small quantity of explosive for the purpose of chemical experiment, and not for practical use or for sale. (2) Every person who manufactures any explosive, or carries on any process of such manufacture at any place at which he is not allowed by this section so to do, shall be deemed to manufacture an explosive at an unauthorised place. (3) A person who manufactures an explosive at an unauthorised place is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$35 000; (b) in any other case—$5 000 or imprisonment for 12 months, or both. (4) Where an explosive is manufactured at an unauthorised place, all or any part of the explosive or the ingredients of any explosive found in or about the place of manufacture or in the possession or under the control of a person convicted under this section may be forfeited to the Crown by a court of summary jurisdiction. 13—Precautions against fire and explosions (1) The occupier of every factory and every person employed in or about the same shall take all due precaution for the prevention of accidents by fire or explosion in the same, and for preventing unauthorised persons having access to the factory or to the explosives therein, and shall abstain from any act whatever which tends to cause fire or explosion and is not reasonably necessary for the purpose of the work in the factory. Maximum penalty: (a) in the case of a body corporate—$35 000; (b) in any other case—$5 000 or imprisonment for 12 months, or both. 14—Adjoining places occupied together For the purposes of the provisions of this Part and the regulations with respect to the manufacture and keeping of explosives, all buildings and places adjoining each other and occupied together shall be deemed to be the same factory, and shall accordingly be included in one licence. 15—Reconstruction of buildings destroyed by accident (1) Where 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. (2) Where 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. (3) Where 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. (4) Where 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. (5) The 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. Part 3—Carriage of explosives 16—Restrictions as to carriage of explosives (1) No explosive shall be carried in or on or by means of any vehicle or any railway unless— (a) the quantity of the explosive does not exceed the prescribed quantity of any explosive; and (b) the explosive is carried in such manner and under such conditions as may be prescribed by any regulation under this Act. (2) A person who carries an explosive or causes an explosive to be carried in contravention of this section is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$35 000; (b) in any other case—$5 000 or imprisonment for 12 months, or both. 17—Exemption of carrier where consignee etc in fault Where 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. 18—Liability of consignor or consignee A 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. Maximum penalty: (a) in the case of a body corporate—$35 000; (b) in any other case—$5 000 or imprisonment for 12 months, or both. 19—Licences for carriage of explosives (1) A 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. Maximum penalty: (a) in the case of a body corporate—$35 000; (b) in any other case—$5 000 or imprisonment for 12 months, or both. (2) A licence may be granted by the Director to any person for the carriage of explosives by land. Part 4—Storage of explosives 20—Government magazines (1) The Governor may by proclamation declare any place to be a Government magazine. (2) Every Government magazine shall be under the control of the Director. (3) The 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. 21—Licensing of private magazines (1) The Director may license as a magazine any suitable building, structure, excavation or place that he approves as suitable for the safe storage of explosives. (2) The 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. (3) The licence shall be valid only for the person named therein, and shall be subject to such conditions in relation to— (a) the quantity and nature of the explosives to be stored in the magazine at any one time; and (b) the 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, as may be prescribed, and as the Director may think fit to add, and specifies in the licence. (4) If 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. Maximum penalty: (a) in the case of a body corporate—$35 000; (b) in any other case—$5 000 or imprisonment for 12 months, or both. (5) If a licensee is guilty of an offence against subsection (4)— (a) the whole or any part of the explosives in the magazine may be forfeited to the Crown by a court of summary jurisdiction; and (b) the licence may be revoked by the Director. 22—Licensing of premises (1) The Director may license any person to store explosives upon any premises subject to this Act. (2) The licence shall be valid only for the person named therein and for the quantities of explosives named therein. (3) If 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. Maximum penalty: (a) in the case of a body corporate—$35 000; (b) in any other case—$5 000 or imprisonment for 12 months, or both. (4) If a licensee is guilty of an offence against subsection (3)— (a) the whole or any part of the explosives on the premises may be forfeited to the Crown by a court of summary jurisdiction; and (b) the licence may be revoked by the Director. 23—Keeping of explosives (1) Subject to subsection (2), explosives shall be kept only— (a) in a Government magazine; or (b) in a magazine duly licensed by the Director; or (c) on any premises duly licensed by the Director as premises whereon explosives may be stored; or (d) in 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. (2) This 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. (3) If 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. Maximum penalty: (a) in the case of a body corporate—$35 000; (b) in any other case—$5 000 or imprisonment for 12 months, or both. Expiation fee: $315. (4) If 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. 24—Storage charges in Government magazines The storage rent and other charges for any explosives deposited in a Government magazine shall— (a) be fixed from time to time by the Minister; (b) be payable by the person depositing the explosives; (c) be recoverable from the said person by the Director as a debt due to the Director by action in any competent court. 25—Power to sell explosives (1) If 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. (2) A call for public tender under subsection (1) must be published— (a) on a website determined by the Director; or (b) in a newspaper circulating generally in the State. (3) The 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. 26—Explosives to be in secure packages No 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. 27—Testing of explosives in Government magazine (1) No 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. Maximum penalty: $750. (2) Explosives 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. 28—Sale or transfer to be reported to the officer in charge If 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. Part 4A—Acquisition of land 28A—Definitions In this Part— land 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; mining lease means a lease granted under the Mining Act 1930. 28B—Power to acquire land (1) The 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. (2) For 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— (a) an acquisition of land under this Part shall be deemed to be an undertaking; and (b) the Minister shall be deemed to be the promoter of such an undertaking. 28C—Surrender of mining leases Where 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. 28D—Power to dispose of surplus land (1) The 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. (2) Moneys 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. Part 5—Control of explosives in ships 29—Vessels arriving with explosives to hoist flag (1) The 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. (2) The master of any ship shall during the time the ship is within any port and— (a) any explosives exceeding 15 kilograms in weight of gunpowder or 3 kilograms in weight of any other explosive are on board the ship; or (b) any 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, 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. (3) The master of a ship who fails to comply with this section is guilty of an offence. Maximum penalty: $5 000. 30—Prohibited areas (1) The 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. (2) The Minister of Marine may from time to time revoke or vary any such notice by notice published in the Government Gazette. 31—Ships carrying explosives (1) Subject 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. (2) Subject 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. (3) The 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. (4) The 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. Maximum penalty: $5 000 or imprisonment for 12 months, or both. (5) Subject to section 38, the provisions of this section shall not apply to any boat under the control of the Director. 32—Procedure at magazine (1) Upon 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. (2) Every 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. (3) No 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. 33—Explosives on arrival to be reported (1) The 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. (2) So 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. (3) The master of a ship who fails to comply with this section is guilty of an offence. Maximum penalty: $5 000. 34—Explosives removed from ship (1) Explosives 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. (2) When 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. (3) A person who discharges, loads or conveys explosives contrary to this section is guilty of an offence. Maximum penalty: $5 000. 35—Penalty on going alongside wharves (1) No 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. (2) The 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. (3) The master of a ship or boat in respect of which any contravention of this section is committed is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 12 months, or both. (4) Subject to section 38, the provisions of this section shall not apply to any boat under the control of the Director. 36—Explosives to be landed at the place appointed for the purpose (1) No 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. (2) A person who lands or attempts to land, or ships or attempts to ship, explosives contrary to this section is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$35 000; (b) in any other case—$5 000 or imprisonment for 12 months, or both. 37—Explosives not to be shipped within certain limits (1) No 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. (2) The 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. (3) The master of a ship or boat in respect of which a contravention of this section is committed is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 12 months, or both. (4) Subject to section 38, the provisions of this section shall not apply to any boat under the control of the Director. 38—Control over ships and boats in ports (1) The 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. (2) The master of a ship or boat who fails to comply with a direction under this section is guilty of an offence. Maximum penalty: $5 000 or imprisonment for 12 months, or both. (3) This section shall apply to any boat under the control of the Director. 39—Boats carrying explosives to be licensed and provided with tarpaulins (1) No boat shall be used for the conveyance of explosives unless— (a) it is approved by the Director or it is the property of the Minister of Marine; and (b) it is provided with such tarpaulins or other coverings as the Director may direct. (2) A 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. Maximum penalty: (a) in the case of a body corporate—$35 000; (b) in any other case—$5 000 or imprisonment for 12 months, or both. 40—Power to delegate authority (1) The 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. (2) Any such officer while authorised as aforesaid— (a) may 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 (b) shall in the exercise of the powers be deemed to be entitled to the same immunities and privileges as Minister of Marine. 41—Savings as to ships rockets etc This 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. Part 6—Miscellaneous 42—Powers of inspectors (1) Any inspector may— (a) at 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 (b) make any general or particular inquiries as to the observance of, or which are necessary for the purposes of this Act; and (c) take without payment such samples of any substance which he believes to be an explosive as are necessary for the examination and testing thereof; and (d) seize, 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 (e) where 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. (2) The 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. (3) Any 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. 43—Inspector may be assisted Every person on or about the place inspected who— (a) does not, upon being requested so to do by an inspector facilitate the entry, inspection, and examination authorised by this Act by the inspector; or (b) does 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, is guilty of an offence. Maximum penalty: $5 000. 44—Obstructing inspectors (1) A person who— (a) obstructs or hinders an inspector; or (b) interferes with, or prevents the exercise of, a power conferred by this Act upon an inspector; or (c) disobeys a lawful order or direction of an inspector; or (d) refuses or fails to answer truthfully questions put by an inspector pursuant to this Act, is guilty of an offence. Maximum penalty: $5 000. (2) A 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. (3) If 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. 45—Protection to inspector No 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. 46—Powers of the Director (1) If in the opinion of the Director any explosive under the control of the Director— (a) has been damaged, or from its condition is, or is likely to become, dangerous to life or property during storage, transport, or use; or (b) has 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, the Director may destroy the explosive, or may order the same to be destroyed or otherwise disposed of. (2) The expense of the destruction or disposal shall be borne by the owner of the explosive. 47—Deeming provision For the purposes of section 46, an explosive shall be deemed to be under the control of the Director— (a) if it is in a Government magazine; or (b) if it is in a magazine afloat; or (c) if it is on board any ship or boat in any port; or (d) if it is in course of being landed from any such ship or boat; or (e) if it is in course of being shipped in any port; or (f) if it is on board any boat approved by the Director under section 39, or owned by the board; or (g) if it is in course of removal from or to any magazine to or from any ship or boat in any port. 48—Power to prohibit manufacture, storage, and carriage of specially dangerous explosives (1) Notwithstanding 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. (2) Any explosive manufactured in contravention of any such proclamation shall be deemed to be manufactured in an unauthorised place. (3) A person— (a) who conveys an explosive or causes it to be conveyed; or (b) who sells an explosive; or (c) who keeps an explosive; or (d) to whom an explosive is delivered, in contravention of a proclamation under subsection (1), is guilty of an offence. Maximum penalty: (a) in the case of a body corporate—$35 000; (b) in any other case—$5 000 or imprisonment for 12 months, or both. (3a) If 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. (4) The Governor may by proclamation revoke any proclamation made as aforesaid. 48A—Conditions of licences and permits (1) The 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. (2) In this section— issuing authority means the Minister or the Director responsible for granting licences or permits of the class concerned. 49—Factory licence unnecessary in certain cases Notwithstanding 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. 50—Penalty on and removal of trespassers (1) A 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. Maximum penalty: $1 250 or imprisonment for 3 months. (1a) A 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. (2) Any 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. Maximum penalty: $5 000 or imprisonment for 12 months, or both. (3) The 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. 51—Supplemental provisions as to forfeiture of explosive (1) Where 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. (2) Where 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. 51A—Offences by bodies corporate Where 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— (a) did not know and could not reasonably be expected to have known of the commission of that offence; or (b) exercised all due diligence to prevent the commission of that offence. 51B—Continuing offences (1) Where an offence against a provision of this Act is committed by a person by reason of a continuing act or omission— (a) the 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 (b) if 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. (2) For 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. 51C—Delegation by Director (1) The 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. (2) A delegation under subsection (1)— (a) is revocable at will; and (b) does not prevent the Director from acting personally in any matter. (3) In 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. 52—Regulations (1) The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act. (2) Without limiting the generality of subsection (1), the regulations may— (a) provide for licences or permits in respect of— (i) the mixing and use of Ammonium Nitrate mixture; (ii) the importation of explosives; (iii) the keeping and selling of explosives; (iv) the purchase of explosives; (v) the use of explosives; (vi) any other class of activity related to explosives; (b) prescribe or provide for the imposition of conditions of a licence or permit granted under this Act; (c) make provision for the suspension or revocation of a licence or permit granted under this Act; (d) prescribe or provide for the term of a licence or permit granted under this Act and for the renewal of such a licence or permit; (e) in relation to a factory for the manufacture of explosives, prescribe— (i) rules to be observed in the factory; or (ii) any matter in relation to— (A) the construction of the factory; or (B) the safety of persons in the factory or the public generally; (f) provide for or regulate the inspection or testing of explosives; (g) regulate or prohibit the manufacture, storage, receipt, removal, packaging, labelling, display or carriage of explosives or ingredients of explosives; (h) regulate or restrict the mixing of, or use of, products that may be used for blasting; (i) regulate or prohibit the sale of explosives or prescribe the conditions on which, or the persons to whom, explosives may be sold; (j) regulate or prohibit the importation into the State of explosives; (k) regulate or prohibit the use of explosives; (l) prescribe the forms or processes for making applications for the purposes of this Act; (m) exempt, 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) fix fees in respect of any matter under this Act and provide for their payment, recovery or waiver; (o) prescribe fines not exceeding $5 000 for offences against the regulations. (3) The regulations may— (a) be of general or limited application; (b) vary in their application according to prescribed factors; (c) provide 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. 53—Magazines in municipalities No 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. 54—Continuance of regulations All 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. 55—Saving provision The 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. 56—Summary proceedings All proceedings for offences against this Act shall be disposed of summarily. 57—Financial provision The moneys required for the purposes of this Act shall be paid out of moneys provided by Parliament for those purposes. Legislative history Notes • Please 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. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or . Repeal of Act The Explosives Act 1936 will be repealed by Sch 1 cl 4 of the Explosives Act 2024. Legislation amended by principal Act The Explosives Act 1936 amended the following: Harbors Act 1936 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1936 2306 Explosives Act 1936 19.11.1936 1.7.1937 (Gazette 25.3.1937 p644) 1958 33 Explosives Act Amendment Act 1958 20.11.1958 20.11.1958 1962 23 Explosives Act Amendment Act 1962 25.10.1962 25.10.1962 1963 15 Explosives Act Amendment Act 1963 7.11.1963 7.11.1963 1966 89 Harbors Act Amendment Act 1966 2.3.1967 20.3.1967 (Gazette 2.3.1967 p681) 1968 61 Explosives Act Amendment Act 1968 23.12.1968 23.12.1968 1972 43 Explosives Act Amendment Act 1972 20.4.1972 20.4.1972 1974 67 Explosives Act Amendment Act 1974 10.10.1974 10.10.1974 1982 5 Explosives Act Amendment Act 1982 25.2.1982 25.2.1982 1990 16 Explosives Act Amendment Act 1990 19.4.1990 19.4.1990 1992 71 Statutes Amendment (Expiation of Offences) Act 1992 19.11.1992 1.3.1993 (Gazette 18.2.1993 p600) 1993 1 Statutes Amendment (Chief Inspector) Act 1993 25.2.1993 1.7.1993 (Gazette 17.6.1993 p1974) 1999 30 Explosives (Broad Creek) Amendment Act 1999 10.6.1999 24.6.1999 (Gazette 24.6.1999 p3155) 2001 31 Explosives (Miscellaneous) Amendment Act 2001 3.8.2001 1.12.2001 (Gazette 22.11.2001 p5078) 2019 25 Statutes Amendment and Repeal (Simplify) Act 2019 3.10.2019 Pt 16 (s 30)—3.10.2019: s 2(1) Provisions amended since 3 February 1976 • Legislative 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. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1