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Explosives Act, 2003 (Act No. 15 of 2003)

Chapter 8  : Offences, Penalties, Jurisdiction and Appeals

28. Offences

 

(1) It is an offence to contravene or fail to comply with any—
(a) provision of this Act;
(b) condition of a licence, permit or authorisation issued or granted by or under this Act; or
(c) provision, direction or requirement of a notice issued under this Act.

 

(2) It is an offence to—
(a) falsely represent oneself as an inspector;
(b) willfully obstruct or hinder any inspector in the exercise of the powers conferred upon him or her in the performance of the duties assigned to him or her in terms of this Act;
(c) disobey any lawful order of an inspector whether verbal or in writing; or
(d) willfully give false information to an inspector.

 

(3) It is an offence for any person to—
(a) create, distribute, produce or import or be in possession of a publication, whether in electronic or any other form, which contains methods for the synthesising of explosives; or
(b) obtain information with regard to the method for the synthesising of explosives,

unless the publication or information relates to the performance of any activity permitted by a licence, a permit, an authorisation or a permission issued or given to him or her in terms of this Act.

 

(4) It is an offence for the owner or person in control of premises not to take reasonable steps to ensure that no explosives are brought onto the premises.

 

(5)
(a) In the absence of evidence to the contrary which raises reasonable doubt, any person found in possession of explosives under such circumstances as to give rise to a reasonable suspicion that he or she intended to use the explosives for the purpose of injuring any person or damaging any property, is guilty of an offence.
(b) For the purposes of paragraph (a), "explosives" includes any container, apparatus, instrument, incendiary device or any part thereof or article which contains any inflammable substance which has been adapted so that it can be used to cause an explosion or a fire.