9Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)

9 Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)

9 Use and modification of authorised explosives for unauthorised purposes—the Act, s 36(2)(i)

(1) A person must not use, modify, or attempt to use or modify, an explosive to produce an explosive effect for which the explosive was not designed.

Maximum penalty—350 penalty units.

(2) A person who handles, uses or modifies an explosive does not commit an offence under this section or section 8 if the person—

(a) is authorised to handle the explosive by a licence to manufacture, and

(b) handles, uses or modifies the explosive—

(i) during a research and development project during the permitted period of the project, and

(ii) in accordance with the requirements applying under hazard division 1.1, and approved by the regulatory authority for the project, and

(c) intends to apply for authorisation for the new or modified explosive resulting from the research and development project.

(3) Subsection (2) does not apply to explosives that are goods too dangerous to be transported, within the meaning of the ADG Code or the Australian Explosives Code.

(4) To avoid doubt, a person who develops or modifies an explosive in accordance with this section—

(a) may handle a new or modified explosive resulting from the research and development project, and

(b) must not supply the new or modified explosive to another person.

(5) In this section—

permitted period, for a research and development project, means—

(a) a period of 6 months, or

(b) a longer period approved by the regulatory authority for the project.

research and development project means a project carried out for the purpose of testing and developing an explosive that is a new explosive, or a modified version of an existing explosive.