§ 26 — Unauthorised acquisition of explosives or explosive precursors

26.—(1) A person commits an offence if the person acquires, or takes part in the acquisition of, an explosive or explosive precursor from another and the person acquiring —(a)

is not any of the following:(i)

a person granted a licence to possess that explosive or explosive precursor;

(ii)

a class licensee authorised under a class licence to possess that explosive or explosive precursor;

(iii)

a person exempt from this section under section 87, 88 or 89 in relation to possession, import or export of that explosive or explosive precursor; or

(b)

is doing so in contravention of any condition of the person’s licence or class licence to possess that explosive or explosive precursor.

(2) A person commits an offence if the person acquires, or takes part in the acquisition of, an explosive or explosive precursor from another (called in this section the supplier) and —(a)

the supplier —(i)

is not any of the following:(A)

a person granted a licence to supply that explosive or explosive precursor;

(B)

a class licensee authorised under a class licence to supply that explosive or explosive precursor;

(C)

a person exempt from this section under section 87, 88 or 89 in relation to the supply of that explosive or explosive precursor; or

(ii)

is supplying the explosive or explosive precursor in contravention of any condition of the supplier’s licence or class licence to supply that explosive or explosive precursor; and

(b)

the person knows that, or is reckless as to whether, the supplier —(i)

is not any of the persons in paragraph (a)(i)(A), (B) or (C); or

(ii)

is supplying the explosive or explosive precursor in contravention of any condition of the supplier’s licence or class licence to supply that explosive or explosive precursor.

(3) Strict liability applies to subsection (1)(b).

—(1) A person commits an offence if the person acquires, or takes part in the acquisition of, an explosive or explosive precursor from another and the person acquiring —(a)

is not any of the following:(i)

a person granted a licence to possess that explosive or explosive precursor;

(ii)

a class licensee authorised under a class licence to possess that explosive or explosive precursor;

(iii)

a person exempt from this section under section 87, 88 or 89 in relation to possession, import or export of that explosive or explosive precursor; or

(b)

is doing so in contravention of any condition of the person’s licence or class licence to possess that explosive or explosive precursor.

(2) A person commits an offence if the person acquires, or takes part in the acquisition of, an explosive or explosive precursor from another (called in this section the supplier) and —(a)

the supplier —(i)

is not any of the following:(A)

a person granted a licence to supply that explosive or explosive precursor;

(B)

a class licensee authorised under a class licence to supply that explosive or explosive precursor;

(C)

a person exempt from this section under section 87, 88 or 89 in relation to the supply of that explosive or explosive precursor; or

(ii)

is supplying the explosive or explosive precursor in contravention of any condition of the supplier’s licence or class licence to supply that explosive or explosive precursor; and

(b)

the person knows that, or is reckless as to whether, the supplier —(i)

is not any of the persons in paragraph (a)(i)(A), (B) or (C); or

(ii)

is supplying the explosive or explosive precursor in contravention of any condition of the supplier’s licence or class licence to supply that explosive or explosive precursor.

(3) Strict liability applies to subsection (1)(b).