§ 4 — Meaning of “explosive” and associated terms

4.—(1) In this Act, unless the context otherwise requires —“ammunition” means —(a)

an article consisting of a cartridge case fitted with a live primer and a projectile;

(b)

an article consisting of a cartridge case fitted with a live primer and containing a propelling charge and a projectile;

Example

A nail gun cartridge.

(c)

a live primer, propellant or blank cartridge; or

(d)

an object or a thing suitable for use as ammunition in a gun and prescribed for the purposes of this definition, whether or not containing an explosive substance but not containing a noxious substance,

but excludes an inert blank cartridge or inert drill round, a snap cap or other item designed to fit in the breech or chamber of a gun for the purpose of preventing damage to a firing pin, and a paintball;

“detection agent” means a substance that —(a)

is intended to be used to enhance the detectability of explosives by vapour detection means; and

(b)

is prescribed for the purposes of this definition;

“distress signal” means a pyrotechnic device intended for signalling or warning or similar purposes, and includes a marine flare or signal, landing flare, highway flare, highway fusee, line‑carrying rocket, cloud seeding rocket, railway fog signal or smoke generator;

“explosive” means —(a)

an explosive substance;

(b)

ammunition;

(c)

a firework or rocket firework;

(d)

a sand cracker; or

(e)

an explosive device;

“explosive device” means any of the following that contains an explosive substance:(a)

a bomb;

(b)

a grenade;

(c)

a mine;

(d)

a fog signal, distress signal or fuse;

(e)

a detonator, blasting cap or percussion cap;

(f)

an object or a thing prescribed to be an explosive device,

and includes a collection of parts mentioned in subsection (2), but excludes an imitation explosive device;

“explosive precursor” means any substance specified in the Second Schedule;

“explosive substance” means —(a)

gunpowder, nitro-glycerine, dynamite, gun‑cotton, blasting powder, fulminate of mercury or of other metals or coloured fires, and any adaptation or preparation of anything in this paragraph;

(b)

a solid or liquid substance that is manufactured or used with a view to produce a practical effect by explosion or a pyrotechnic effect;

(c)

a solid or liquid substance which, if not for it being wetted or otherwise phlegmatised to suppress its explosive properties, produces a practical effect by explosion or a pyrotechnic effect; or

(d)

any other substance that is prescribed to be an explosive substance for the purposes of this definition;

“firework” means —(a)

an article or a substance, containing one or more explosive substances (with or without other substances) that is designed to entertain people by producing light, sound, gas, smoke, or a combination of them, by means of an exothermic chemical reaction that does not rely on oxygen from external sources to sustain the reaction; or

(b)

any other article or a thing prescribed to be a firework;

“high explosive” includes —(a)

cyclotetramethylenetetranitramine (HMX);

(b)

pentaerythritol tetranitrate (PETN); and

(c)

cyclotrimethylenetrinitramine (RDX);

“imitation explosive device” means an object that, regardless of its colour, weight or composition or the presence or absence of any moveable part, substantially duplicates in appearance an explosive device but is not an explosive device, and includes any such object that is produced and identified as a toy or replica;

“mine” means a munition (other than a command‑detonated munition) designed, intended or altered so as —(a)

to be placed under, on or near the ground or other surface area; and

(b)

to be exploded by the presence, proximity or contact of a person or a vehicle;

“plastic explosive” means any explosive which —(a)

is formulated with one or more high explosives which in their pure form have vapour pressure of less than 10‑4 Pa at a temperature of 25°C;

(b)

is formulated with a binder material; and

(c)

is, when mixed, malleable or flexible at normal room temperature;

“prohibited explosive” means an explosive of a character that, in the opinion of the Minister, is so specially dangerous to life or property that it is expedient for the public safety to prescribe the explosive to be a prohibited explosive;

“rocket firework” includes any firework which will travel over a distance when activated before it produces a practical effect by explosion or a pyrotechnic effect;

“round” means an undischarged complete live cartridge;

“sand cracker” means a pellet containing an explosive which will be activated when set on fire or rubbed on any abrasive surface or by any other means;

“unmarked plastic explosive” means a plastic explosive that, at the time of its manufacture —(a)

does not contain a detection agent;

(b)

contains a detection agent the concentration of which is less than the minimum concentration prescribed in the Regulations for that detection agent; or

(c)

contains a detection agent that is not homogenously distributed throughout the plastic explosive.

(2) For the purposes of this Act, any collection of the parts of an explosive device that if assembled would be an explosive device (or would be an explosive device if it were assembled and in working order) is taken to be an explosive device.

—(1) In this Act, unless the context otherwise requires —“ammunition” means —(a)

an article consisting of a cartridge case fitted with a live primer and a projectile;

(b)

an article consisting of a cartridge case fitted with a live primer and containing a propelling charge and a projectile;

Example

A nail gun cartridge.

(c)

a live primer, propellant or blank cartridge; or

(d)

an object or a thing suitable for use as ammunition in a gun and prescribed for the purposes of this definition, whether or not containing an explosive substance but not containing a noxious substance,

but excludes an inert blank cartridge or inert drill round, a snap cap or other item designed to fit in the breech or chamber of a gun for the purpose of preventing damage to a firing pin, and a paintball;

“detection agent” means a substance that —(a)

is intended to be used to enhance the detectability of explosives by vapour detection means; and

(b)

is prescribed for the purposes of this definition;

“distress signal” means a pyrotechnic device intended for signalling or warning or similar purposes, and includes a marine flare or signal, landing flare, highway flare, highway fusee, line‑carrying rocket, cloud seeding rocket, railway fog signal or smoke generator;

“explosive” means —(a)

an explosive substance;

(b)

ammunition;

(c)

a firework or rocket firework;

(d)

a sand cracker; or

(e)

an explosive device;

“explosive device” means any of the following that contains an explosive substance:(a)

a bomb;

(b)

a grenade;

(c)

a mine;

(d)

a fog signal, distress signal or fuse;

(e)

a detonator, blasting cap or percussion cap;

(f)

an object or a thing prescribed to be an explosive device,

and includes a collection of parts mentioned in subsection (2), but excludes an imitation explosive device;

“explosive precursor” means any substance specified in the Second Schedule;

“explosive substance” means —(a)

gunpowder, nitro-glycerine, dynamite, gun‑cotton, blasting powder, fulminate of mercury or of other metals or coloured fires, and any adaptation or preparation of anything in this paragraph;

(b)

a solid or liquid substance that is manufactured or used with a view to produce a practical effect by explosion or a pyrotechnic effect;

(c)

a solid or liquid substance which, if not for it being wetted or otherwise phlegmatised to suppress its explosive properties, produces a practical effect by explosion or a pyrotechnic effect; or

(d)

any other substance that is prescribed to be an explosive substance for the purposes of this definition;

“firework” means —(a)

an article or a substance, containing one or more explosive substances (with or without other substances) that is designed to entertain people by producing light, sound, gas, smoke, or a combination of them, by means of an exothermic chemical reaction that does not rely on oxygen from external sources to sustain the reaction; or

(b)

any other article or a thing prescribed to be a firework;

“high explosive” includes —(a)

cyclotetramethylenetetranitramine (HMX);

(b)

pentaerythritol tetranitrate (PETN); and

(c)

cyclotrimethylenetrinitramine (RDX);

“imitation explosive device” means an object that, regardless of its colour, weight or composition or the presence or absence of any moveable part, substantially duplicates in appearance an explosive device but is not an explosive device, and includes any such object that is produced and identified as a toy or replica;

“mine” means a munition (other than a command‑detonated munition) designed, intended or altered so as —(a)

to be placed under, on or near the ground or other surface area; and

(b)

to be exploded by the presence, proximity or contact of a person or a vehicle;

“plastic explosive” means any explosive which —(a)

is formulated with one or more high explosives which in their pure form have vapour pressure of less than 10‑4 Pa at a temperature of 25°C;

(b)

is formulated with a binder material; and

(c)

is, when mixed, malleable or flexible at normal room temperature;

“prohibited explosive” means an explosive of a character that, in the opinion of the Minister, is so specially dangerous to life or property that it is expedient for the public safety to prescribe the explosive to be a prohibited explosive;

“rocket firework” includes any firework which will travel over a distance when activated before it produces a practical effect by explosion or a pyrotechnic effect;

“round” means an undischarged complete live cartridge;

“sand cracker” means a pellet containing an explosive which will be activated when set on fire or rubbed on any abrasive surface or by any other means;

“unmarked plastic explosive” means a plastic explosive that, at the time of its manufacture —(a)

does not contain a detection agent;

(b)

contains a detection agent the concentration of which is less than the minimum concentration prescribed in the Regulations for that detection agent; or

(c)

contains a detection agent that is not homogenously distributed throughout the plastic explosive.

(2) For the purposes of this Act, any collection of the parts of an explosive device that if assembled would be an explosive device (or would be an explosive device if it were assembled and in working order) is taken to be an explosive device.