43IUsing, &c., explosive substance

43I Using, &c., explosive substance

[Section 43I Inserted by No. 32 of 2025, s. 8, Applied:23 Dec 2025]

(1)  In this section –

dangerous or suspicious circumstances includes circumstances –

(a) in which a person’s use, possession or supply of an explosive substance, equipment connected with an explosive substance or information as to how to manufacture an explosive substance poses, or is capable of posing, a significant risk of –

(i) injury to a person; or

(ii) damage to property; or

(b) which give rise to a reasonable suspicion of a police officer that the person intends to, or is preparing to, cause –

(i) injury to a person; or

(ii) damage to property –

by means of using, possessing or supplying an explosive substance, equipment connected with an explosive substance or information as to how to manufacture an explosive substance.

(2)  A person must not, in dangerous or suspicious circumstances and without lawful and reasonable excuse, use, possess or supply an explosive substance.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.

(3)  In proceedings for an offence under subsection (2) , it is immaterial whether the explosive substance actually produced –

(a) a practical effect by explosion; or

(b) an incendiary effect.

(4)  A person must not, in dangerous or suspicious circumstances and without lawful and reasonable excuse, possess or supply the following:

(a) equipment connected with an explosive substance;

(b) information as to how to manufacture an explosive substance.

Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both.