sec.50Transporting explosives

sec.50 Transporting explosives

A person must not transport an explosive in a vehicle unless the person holds an authority under this Act or a corresponding law to transport the explosive in the vehicle. Maximum penalty—200 penalty units. However, subsection (1) does not apply to a person transporting an explosive— if— the amount of the explosive is not more than the amount prescribed by regulation; and the person complies with the conditions prescribed by regulation for transporting the explosive; or in the circumstances prescribed by regulation. A person who is authorised to transport an explosive must ensure— it is transported in the way required under this Act; and it is delivered— to a place where it may lawfully be stored or used; and to someone who may lawfully possess it. Maximum penalty—200 penalty units. A person who may transport explosives under an authority does not commit an offence against this section if the person can not comply with the section because of— the wilful act, neglect, or default of the consignor or consignee of the explosive or someone else (other than an agent or employee of the carrier); or the improper refusal of the consignee or someone else to accept delivery of the explosive. The person mentioned in subsection (4) (a) or (b) who prevented compliance with this section is instead taken to have committed the offence. In this section— corresponding law means a law of another State dealing with the transport of explosives. s 50 amd 2019 No. 7 s 53 (sec.50-ssec.1) A person must not transport an explosive in a vehicle unless the person holds an authority under this Act or a corresponding law to transport the explosive in the vehicle. Maximum penalty—200 penalty units. (sec.50-ssec.2) However, subsection (1) does not apply to a person transporting an explosive— if— the amount of the explosive is not more than the amount prescribed by regulation; and the person complies with the conditions prescribed by regulation for transporting the explosive; or in the circumstances prescribed by regulation. (sec.50-ssec.3) A person who is authorised to transport an explosive must ensure— it is transported in the way required under this Act; and it is delivered— to a place where it may lawfully be stored or used; and to someone who may lawfully possess it. Maximum penalty—200 penalty units. (sec.50-ssec.4) A person who may transport explosives under an authority does not commit an offence against this section if the person can not comply with the section because of— the wilful act, neglect, or default of the consignor or consignee of the explosive or someone else (other than an agent or employee of the carrier); or the improper refusal of the consignee or someone else to accept delivery of the explosive. (sec.50-ssec.5) The person mentioned in subsection (4) (a) or (b) who prevented compliance with this section is instead taken to have committed the offence. (sec.50-ssec.6) In this section— corresponding law means a law of another State dealing with the transport of explosives.