Australian Capital Territory Numbered Regulations

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DANGEROUS SUBSTANCES (EXPLOSIVES) REGULATIONS 2004 (NO 10 OF 2004) - REG 23

Misuse of explosives

    (1)     A person commits an offence if—

        (a)     the person

              (i)     uses an explosive in a way that produces an explosive effect; or

              (ii)     modifies an explosive so that it can produce an explosive effect; and

        (b)     the explosive was not designed to produce that explosive effect.

Maximum penalty: 30 penalty units.

    (2)     In a prosecution for an offence against subregulation (1), if the explosive is an authorised explosive, an entry in the register describing the explosive effect for which the explosive is designed is evidence of that fact.

    (3)     This regulation does not apply if the person is authorised under a licence or these regulations to use or modify the explosive in the way mentioned in subregulation (1) (a).

    (4)     An offence against this regulation is a strict liability offence.



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