South Australian Current Acts

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EXPLOSIVES ACT 1936 - SECT 21

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.



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