South Australian Current Acts

EXPLOSIVES ACT 1936 - SECT 48

48—Power to prohibit manufacture, storage, and carriage of specially dangerous explosives

        (1)         Notwithstanding anything in this Act, the Governor may from time to time by proclamation prohibit, either absolutely, or subject to conditions or restrictions, the manufacture, keeping, conveyance, and sale, or any of them, of any explosive when in the judgment of the Governor it is expedient for the public safety to make such proclamation.

        (2)         Any explosive manufactured in contravention of any such proclamation shall be deemed to be manufactured in an unauthorised place.

        (3)         A person—

            (a)         who conveys an explosive or causes it to be conveyed; or

            (b)         who sells an explosive; or

            (c)         who keeps an explosive; or

            (d)         to whom an explosive is delivered,

in contravention of a proclamation under subsection (1), 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.

        (3a)         If an explosive is conveyed, sold or kept in contravention of a proclamation under subsection (1), all or any part of the explosive may be forfeited to the Crown by a court of summary jurisdiction.

        (4)         The Governor may by proclamation revoke any proclamation made as aforesaid.