any explosives so as to endanger the life of a person or the safety of any property is guilty of an offence. (2) A consignor, consignee or other person who by wilful act, neglect or default or by improper refusal to accept delivery of any explosive from any person authorized to transport explosives by a licence causes a person to contravene this Act is guilty of an offence. (3) A person who delivers explosives to a vehicle or boat knowing that the transport of the explosives in the vehicle or boat would be in contravention of this Act is guilty of an offence. (4) A person, not being the keeper of a public or S. 37(4) amended by licensed private magazine or the holder of a Nos 6/1987 licence under this Act or the holder of a licence or s. 5(1)(Sch. item 3(b)), an extractive industry work authority under the 92/1990 Mineral Resources (Sustainable Development) s. 128(Sch. 1 item 5.2), Act 1990, who possesses or has on any premises 67/1995 of which that person is the occupier any s. 58(Sch. 1 item 6.2), gunpowder, blasting compounds, detonators or 63/2006 detonating fuse which that person has not s. 61(Sch. item 8), 6/2009 purchased in accordance with this Act or which s. 49(4). that person has kept without lawful occasion to use them or in a quantity greater than reasonably necessary for such use is guilty of an offence. (5) In any proceedings under subsection (4) the S. 37(5) amended by burden of proving the lawful purchase, the lawful No. 68/2009 occasion and that the quantity kept was not greater s. 97(Sch. item 44.11). than reasonably necessary for the use shall be on the accused. 38 Exemption of licensee where consignee etc. at fault
any explosives so as to endanger the life of a person or the safety of any property is guilty of an offence. (2) A consignor, consignee or other person who by wilful act, neglect or default or by improper refusal to accept delivery of any explosive from any person authorized to transport explosives by a licence causes a person to contravene this Act is guilty of an offence. (3) A person who delivers explosives to a vehicle or boat knowing that the transport of the explosives in the vehicle or boat would be in contravention of this Act is guilty of an offence. S. 37(4) amended by Nos 6/1987 s. 5(1)(Sch. item 3(b)), 92/1990 s. 128(Sch. 1 item 5.2), 67/1995 s. 58(Sch. 1 item 6.2), 63/2006 s. 61(Sch. item 8), 6/2009 s. 49(4). (4) A person, not being the keeper of a public or licensed private magazine or the holder of a licence under this Act or the holder of a licence or an extractive industry work authority under the Mineral Resources (Sustainable Development) Act 1990, who possesses or has on any premises of which that person is the occupier any gunpowder, blasting compounds, detonators or detonating fuse which that person has not purchased in accordance with this Act or which that person has kept without lawful occasion to use them or in a quantity greater than reasonably necessary for such use is guilty of an offence. S. 37(5) amended by No. 68/2009 s. 97(Sch. item 44.11). (5) In any proceedings under subsection (4) the burden of proving the lawful purchase, the lawful occasion and that the quantity kept was not greater than reasonably necessary for the use shall be on the accused. 38 Exemption of licensee where consignee etc. at fault
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