Criminal Law Consolidation (General) (Explosive Substances) Variation Regulations 2018 (SA)

South Australia

Criminal Law Consolidation (General) (Explosive Substances) Variation Regulations 2018

under the Criminal Law Consolidation Act 1935

Contents

Part 1—Preliminary

1            Short title

2            Commencement

3            Variation provisions

Part 2—Variation of Criminal Law Consolidation (General) Regulations 2006

4            Insertion of regulations 4AAA and 4AA

4AAA      Prescribed explosive substances

4AA        Prescribed equipment

Part 1—Preliminary

1—Short title

These regulations may be cited as the Criminal Law Consolidation (General) (Explosive Substances) Variation Regulations 2018.

2—Commencement

These regulations will come into operation on the day on which section 5 of the Statutes Amendment (Explosives) Act 2017 comes into operation.

3—Variation provisions

In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of Criminal Law Consolidation (General) Regulations 2006

4—Insertion of regulations 4AAA and 4AA

After regulation 4 insert:

4AAA—Prescribed explosive substances

For the purposes of the definition of explosive substance in section 83M(1) of the Act, the following substances are prescribed:

(a)acetone;

(b)aluminium powder;

(c)ammonium nitrate;

(d)ammonium perchlorate;

(e)hydrogen peroxide;

(f)magnesium powder;

(g)methyl ethyl ketone;

(h)nitric acid;

(i)nitromethane;

(j)potassium chlorate;

(k)potassium nitrate;

(l)potassium perchlorate;

(m)sodium azide;

(n)sodium chlorate;

(o)sodium nitrate;

(p)sodium perchlorate.

4AA—Prescribed equipment

(1)For the purposes of section 83O(1)(b) of the Act, the following equipment is prescribed:

(a)equipment of a kind that is used to perform the function of an ice bath or a chemical reaction cooling system in the manufacture of an explosive substance or an explosive device;

(b)equipment of a kind that is used to perform the function of grinding or mixing in the manufacture of an explosive substance or an explosive device;

(c)equipment of a kind that is used to perform the function of a reaction vessel in the manufacture of an explosive substance or an explosive device;

(d)equipment that forms part of equipment of a kind referred to in a preceding paragraph;

(e)equipment that would, but for modifications apparently made to the equipment, be equipment of a kind referred to in a preceding paragraph.

(2)Equipment may be determined to be of a kind prescribed in subregulation (1) regardless of whether the equipment—

(a)is in working order; or

(b)has been commercially manufactured or appears to be home-made.

Note—

As required by section 10AA(2) of the Subordinate Legislation Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.

Made by the Governor

with the advice and consent of the Executive Council

on 6 February 2018

No 16 of 2018

AGO0017/18CS