sec.38Explosive to be manufactured under authority

sec.38 Explosive to be manufactured under authority

A person must not manufacture an explosive unless the person holds an authority that authorises the person to manufacture the explosive. Maximum penalty—400 penalty units or 6 months imprisonment. Subsection (1) does not prevent a person— manufacturing an explosive if— the explosive is not more than the amount prescribed by regulation or, if an amount is not prescribed, 50g; and the person is manufacturing and using the explosive in a laboratory that is part of an educational or research facility under the direct supervision of a competent adult; and the explosive is for use in a chemical experiment by the person; or reconditioning an explosive at a government magazine or under an inspector’s supervision; or if the person is licensed or otherwise authorised to use a weapon under the Weapons Act 1990 —filling ammunition for the weapon for use by the person. Also, subsection (1) does not prevent the holder of an authority to use an explosive manufacturing an explosive prescribed under a regulation for this section (a prescribed explosive ), by a manual operation performed under conditions prescribed under a regulation, for the holder’s immediate use. In addition, subsection (1) does not prevent an inspector manufacturing a prescribed explosive, by a manual operation performed under conditions prescribed under a regulation, for the inspector’s immediate use. In this section— competent adult means an adult with sufficient knowledge and experience to identify hazards and risks associated with manufacturing and using explosives. s 38 amd 2019 No. 7 s 49 (sec.38-ssec.1) A person must not manufacture an explosive unless the person holds an authority that authorises the person to manufacture the explosive. Maximum penalty—400 penalty units or 6 months imprisonment. (sec.38-ssec.2) Subsection (1) does not prevent a person— manufacturing an explosive if— the explosive is not more than the amount prescribed by regulation or, if an amount is not prescribed, 50g; and the person is manufacturing and using the explosive in a laboratory that is part of an educational or research facility under the direct supervision of a competent adult; and the explosive is for use in a chemical experiment by the person; or reconditioning an explosive at a government magazine or under an inspector’s supervision; or if the person is licensed or otherwise authorised to use a weapon under the Weapons Act 1990 —filling ammunition for the weapon for use by the person. (sec.38-ssec.3) Also, subsection (1) does not prevent the holder of an authority to use an explosive manufacturing an explosive prescribed under a regulation for this section (a prescribed explosive ), by a manual operation performed under conditions prescribed under a regulation, for the holder’s immediate use. (sec.38-ssec.4) In addition, subsection (1) does not prevent an inspector manufacturing a prescribed explosive, by a manual operation performed under conditions prescribed under a regulation, for the inspector’s immediate use. (sec.38-ssec.5) In this section— competent adult means an adult with sufficient knowledge and experience to identify hazards and risks associated with manufacturing and using explosives.