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.