§ 28 — Breach of explosive, etc., licence conditions

28.—(1) A person commits an offence if —(a)

the person —(i)

is granted a licence to carry on a regulated activity involving an explosive or explosive precursor; or

(ii)

is a class licensee authorised under a class licence to carry on a regulated activity involving an explosive or explosive precursor; and

(b)

the person carries on, when the licence or class licence (as the case may be) is in force, the regulated activity involving an explosive or explosive precursor in contravention of any condition of the person’s licence or class licence.

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

(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but

(ii)

where the individual is a repeat offender — to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 18 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $25,000; but

(ii)

where the person is a repeat offender — to a fine not exceeding $50,000.

(4) For the purpose of the reference in subsection (3) to “repeat offender” in relation to an offence under subsection (1), an offence under section 5(2), 6(3), 13(4), 21A(2) or 21D(2) of the Arms and Explosives Act repealed by this Act and involving an unmarked plastic explosive, explosive or explosive precursor, is a countable offence in respect of an offence under subsection (1).

—(1) A person commits an offence if —(a)

the person —(i)

is granted a licence to carry on a regulated activity involving an explosive or explosive precursor; or

(ii)

is a class licensee authorised under a class licence to carry on a regulated activity involving an explosive or explosive precursor; and

(b)

the person carries on, when the licence or class licence (as the case may be) is in force, the regulated activity involving an explosive or explosive precursor in contravention of any condition of the person’s licence or class licence.

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

(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction —(a)

where the person is an individual —(i)

to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both; but

(ii)

where the individual is a repeat offender — to a fine not exceeding $25,000 or to imprisonment for a term not exceeding 18 months or to both; or

(b)

where the person is not an individual —(i)

to a fine not exceeding $25,000; but

(ii)

where the person is a repeat offender — to a fine not exceeding $50,000.

(4) For the purpose of the reference in subsection (3) to “repeat offender” in relation to an offence under subsection (1), an offence under section 5(2), 6(3), 13(4), 21A(2) or 21D(2) of the Arms and Explosives Act repealed by this Act and involving an unmarked plastic explosive, explosive or explosive precursor, is a countable offence in respect of an offence under subsection (1).