Victorian Current Acts Victorian Current Acts(1) In this Division unless inconsistent with the context or subject-matter—
S. 317(1) def. of explosive substance amended by No. 25/2009 s. 4(1)(a).
"explosive substance" includes—
(a) any material for making any explosive substance;
(b) any apparatus machine implement or materials used or intended to be used or adapted for causing or aiding in causing any explosion in or with any explosive substance; and
(c) any part of any such apparatus machine or implement;
S. 317(1) def. of
public place inserted by No. 25/2009 s. 4(1)(b).
"public place" has the same meaning as it has in section 3 of the Summary Offences Act 1966 ;
S. 317(1) def. of
vehicle inserted by No. 25/2009 s. 4(1)(b).
"vehicle" includes motor vehicle, aircraft and vessel.
S. 317(2) amended by Nos 9576 s. 11(1),
49/1991 s. 119(1)
(Sch. 2
item 59), 48/1997
s. 60(1)(Sch. 1 item 87(a)).
(2) Any person who unlawfully and maliciously causes by any explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be guilty of an indictable offence, and shall be liable to level 4 imprisonment (15 years maximum).
S. 317(3) amended by Nos 9576 s. 11(1), 101/1986 s. 56, 49/1991
s. 119(1)
(Sch. 2
item 60(a)), 48/1997
s. 60(1)(Sch. 1 item 87(b)).
(3) Any person who unlawfully and maliciously—
(a) does any act with intent to cause by an explosive substance or conspires to cause by an explosive substance an explosion of a nature likely to endanger life or to cause serious injury to property; or
(b) makes or has in his possession or under his control any explosive substance with intent by means thereof to endanger life or cause serious injury to property or to enable any other person by means thereof to endanger life or cause serious injury to property—
shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be guilty of an indictable offence, and shall be liable to level 5 imprisonment (10 years maximum).
S. 317(4) amended by Nos 9576 s. 11(1), 101/1986 s. 56, 49/1991
s. 119(1)
(Sch. 2
item 60(b)), 48/1997
s. 60(1)(Sch. 1 item 87(c)).
(4) Any person who makes or knowingly has in his possession or under his control any explosive substance, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be guilty of an indictable offence, and shall be liable to level 6 imprisonment (5 years maximum).
S. 317(5) amended by No. 9576 s. 11(1), repealed by No. 63/2014 s. 7(5).
* * * * *
S. 317(6) repealed by No. 9848 s. 18(1).
* * * * *
S. 317(7) amended by Nos 25/1989
s. 19(a), 35/1996
s. 453(Sch.
1 item 16.1
(a)–(c)), 68/2009 s. 97(Sch. item 40.11).
(7) In any indictment the same criminal act may be charged in different charges as constituting different crimes under this Division, and upon the trial of any such indictment the prosecution shall not be put to its election as to the charge on which it must proceed.
S. 317(8) amended by No. 68/2009 s. 97(Sch. item 40.12).
(8) This Division shall not exempt any person from any indictment or proceeding for a crime or offence which is punishable at common law or by any enactment other than this Division but no person shall be punished twice for the same criminal act.
S. 317(9)(a) amended by Nos 8179 s. 4, 57/1989 s. 3(Sch. item 42.16(a)), 25/2009 s. 4(2), 37/2014 s. 10(Sch. item 36.9), 6/2018 s. 68(Sch. 2 item 35.3).
(9) (a) If a magistrate is satisfied by the evidence on oath or by affirmation or by affidavit of any police officer above the rank of senior sergeant authorized in writing by the Chief Commissioner of Police (whether generally or in any particular case) in that behalf that there is reasonable ground for suspecting that an offence under this Division has been, is being, or is about to be committed he may grant a search warrant authorizing any police officer named therein to enter at any time any premises or place (including any vehicle on or in the premises or place) mentioned in the warrant, or a particular vehicle mentioned in the warrant located in a public place, if necessary by force, and to search the premises, place or vehicle and every person found therein, and to seize and detain any explosive substance which he finds on the premises or place, or on or in the vehicle, or on any such person, in respect of which or in connexion with which he has reasonable grounds for suspecting that an offence under this Division has been, is being, or is about to be committed.
S. 317(9)(b) amended by Nos 25/2009 s. 4(3), 37/2014 s. 10(Sch. item 36.9).
(b) The police officer making the search may arrest without warrant any person found on the premises or on or in the vehicle in the public place whom he has reason to believe to be guilty of an offence under this Division.
S. 317(9)(c) amended by Nos 8731 s. 173, 57/1989 s. 3(Sch. item 42.16(b)).
(c) Save as aforesaid the rules to be observed with regard to search warrants mentioned in the Magistrates' Court Act 1989 shall extend and apply to warrants under this section.
(d) The provisions of this section shall be read and construed as in aid and not in derogation of the provisions with regard to warrants to search contained in the said Act or elsewhere [20] .
S. 317A inserted by No. 95/1994 s. 6.