EXPLOSIVES ACT 1957

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 207 EXPLOSIVES ACT 1957 As at 1 December 2011 2 EXPLOSIVES ACT 1957 First enacted ... ... ... ... 1957 (Ordinance No. 40 of 1957) Revised ... ... … … … 1978 (Act 207 w.e.f. 15 November 1978) Latest amendment made by Act A1308 which came into operation on … … … Not yet in force PREVIOUS REPRINTS First Reprint Second Reprint … … … 2001 … … … 2006 3 LAWS OF MALAYSIA Act 207 EXPLOSIVES ACT 1957 ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. Short title 2. Interpretation 3. Extension of definition of explosive to other explosive substances PART II OFFENCES, PENALTIES, ENFORCEMENT AND PROCEEDINGS 4. Power to prohibit the manufacture, possession or importation of specially dangerous explosives 5. Dangerous acts 6. Penalty for causing explosion likely to endanger life or property 7. Penalty for attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property 8. Penalty for making or possessing explosives under suspicious circumstances 9. Search for explosives under warrant 10. Search warrant against persons 11. Entry and search by Magistrate, etc. 12. Power to stop and search for explosive in the street 13. Entry on place where explosive is used 4 Laws of Malaysia Section 14. Production of licence and accounting for explosives 15 Arrest without warrant 16. Abetment and attempt 17. Forfeiture of explosives 18. Seizure and sale of vessels 19. Rewards to informers 20. Liability of principal for offences committed by agent, etc. 21. Where licensee under disability 22. Presumptions PART III GENERAL 23. Notice of accidents 24. Enquiry into accidents 25. Minister may authorize magazines or hulks 26. Regulations 27. Non-application in respect of Government, etc. 28. Repeal and saving SCHEDULE ACT 207 5 LAWS OF MALAYSIA Act 207 EXPLOSIVES ACT 1957 An Act relating to the manufacture, use, sale, storage, transport, import and export of explosives. [Peninsular Malaysia - 15 February 1961, L.N. 44/1961; Sabah and Sarawak - 1 September 1977, P.U. (A) 260/1977] PART I PRELIMINARY Short title 1. This Act may be cited as the Explosives Act 1957. Interpretation 2. In this Act, unless the context otherwise requires— “Chief Police Officer” includes a Commissioner of Police vested with the control of the Royal Malaysia Police in respect of any area or State; “explosive” means gunpowder, nitro-glycerine, dynamite, guncotton, blasting powders, fulminate of mercury or of other metals, coloured fires, and every other substance used or manufactured for the purpose of producing a practical effect by explosion or a pyrotechnic effect and includes fogsignals, fireworks, fuzes, rockets, percussion caps, detonators, cartridges, ammunition of all descriptions, and every adaptation or preparation of an explosive, any material for making any explosive and any apparatus, machine, implement or material used or intended to be used or adapted for 6 Laws of Malaysia ACT 207 causing or aiding in causing any explosion in or with any explosive and any part of any such apparatus, machine or implement; “Minister” means the Minister charged with the responsibility for explosives; “manufacture” includes the preparation of any component parts of an explosive, the admixture or other treatment of the same, the breaking up or unmaking of any explosive, or making fit for use any damaged explosive or the processing of any substance or matter with a view to causing an explosion or disintegration, and the process of remaking, altering or repairing any explosive; “Officer in Charge of a Police District” and “police officer” shall have the same meaning as in the Police Act 1967 [Act 344]; “senior police officer” means a police officer of any rank from and including the Inspector-General down to and including an Assistant Superintendent; “West Malaysia” has the meaning assigned thereto in section 3 of the Interpretation Act 1967 [Act 388], and includes the Federal Territory. * Extension of definition of explosive to other explosive substances 3. The Minister may, from time to time, by notification in the Gazette, declare any substance to be dangerous by reason either of its explosive properties or of any process in connection with the manufacture thereof rendering it liable to explosion, and that substance shall be deemed to be an explosive for the purposes of this Act, subject to such exceptions, limitations and restrictions as may be specified in the notification, and this Act shall thereupon extend to the substance in like manner as if it were included in the definition of the word “explosive”. _______________________________________________________ * NOTE—All references to “West Malaysia” shall be construed as references to “Peninsular Malaysia”– see Interpretation (Amendment) Act 1997 [Act A996], subsection 5(2). Explosives 7 PART II OFFENCES, PENALTIES, ENFORCEMENT AND PROCEEDINGS Power to prohibit the manufacture, possession or importation of specially dangerous explosives 4. (1) Notwithstanding anything in this Act, the Minister may, from time to time, by notification in the Gazette— (a) prohibit either absolutely or subject to conditions the manufacture, possession or import of any explosive which is used so as to cause danger or annoyance to the public or which is of so dangerous a character that in the opinion of the Minister it is expedient for the public safety to issue the notification; and (b) rescind or vary any notification made under this section. (2) Any person manufacturing, possessing or importing any explosive in contravention of a notification issued under this section shall, on conviction, be liable to imprisonment for five years, or to a fine of ten thousand ringgit, or to both. (3) If any vehicle, vessel or aircraft is used for the import of any explosive in contravention of a notification under this section or for the receipt or storage of any explosive imported in contravention of any such notification— (a) the owner, master or captain thereof shall, on conviction, be liable to a fine of ten thousand ringgit unless it is proved to the satisfaction of the court that the said owner, master or captain was not implicated in the placing of the explosive on board the vehicle, vessel or aircraft and that the offence in question was committed without his knowledge, consent, or connivance; and (b) the vehicle, vessel or aircraft may be detained by order of the court until security has been given for such sum as the court orders, not exceeding fifty thousand ringgit. 8 Laws of Malaysia ACT 207 (4) The finding of any explosive which is subject to a prohibition under this section in or on board any vehicle, vessel or aircraft shall be prima facie evidence that the vehicle, vessel or aircraft has been used for the import of the explosive contrary to this Act or for the receipt or storage of explosive imported contrary thereto. (5) For the purposes of this section the expression “master” includes every person, except the pilot, having command or charge of a vessel. Dangerous acts 5. Any person found committing wilfully or negligently any act which tends to cause explosion or fire in or about any factory, magazine, hulk, vehicle, vessel, aircraft, storehouse, or shop or other premises containing explosives, shall, on conviction, be liable to imprisonment for five years, or to a fine of ten thousand ringgit, or to both. Penalty for causing explosion likely to endanger life or property 6. Any person who unlawfully and maliciously causes by any explosive an explosion of a nature likely to endanger life or to cause serious injury to property shall, whether any injury to person or property has been actually caused or not, be liable, on conviction, to imprisonment for seven years, or to a fine of ten thousand ringgit, or to both. Penalty for attempt to cause explosion, or for making or keeping explosive with intent to endanger life or property 7. Any person who unlawfully and maliciously— (a) does any act with intent to cause by any explosive, or conspires to cause by any explosive, an explosion of a nature likely to endanger life or to cause serious injury to property; or Explosives 9 (b) makes or has in his possession or under his control any explosive with intent by means thereof to endanger life, or cause serious injury to property or to enable any other person by means thereof to endanger life or cause serious injury to property, shall, whether any explosion does or does not take place and whether any injury to person or property has been actually caused or not, be liable, on conviction, to imprisonment for seven years, or to a fine of ten thousand ringgit, or to both. Penalty for making or possessing explosives under suspicious circumstances 8. Any person who makes or knowingly has in his possession or under his control any explosive, under such circumstances as to give rise to a reasonable suspicion that he is not making it or does not have it in his possession or under his control for a lawful object, shall, unless he can show that he made it or had it in his possession or under his control for a lawful object, be liable, on conviction, to imprisonment for seven years, or to a fine of ten thousand ringgit, or to both. Search for explosives under warrant 9. (1) A Magistrate, a senior police officer or an Officer in Charge of a Police District, on being satisfied upon written information on oath and after any enquiry which he may think necessary that— (a) any person residing within the limits of his jurisdiction— (i) has in his possession any explosive without a licence therefor or in contravention of the conditions upon which any licence therefor was issued; or (ii) has in his possession any explosive whereof he cannot be left in possession without danger to the public peace; or 10 Laws of Malaysia ACT 207 (b) any explosive is in or on any house, premises or other building or place or any vehicle, vessel or aircraft, may by warrant authorize any person therein named or any police officer with such assistance and by such force as may be necessary by night or by day— (A) to enter or board and search any house, premises or other buildings or place or any vehicle, vessel or aircraft specified in the warrant and to search all persons found therein or thereon; (B) to seize and detain any explosive found as a result of the search; and (C) to arrest any person found in or on the house, premises or other building or place or the vehicle, vessel or aircraft whom the officer has reasonable grounds for suspecting to be about to commit or to be committing or to have committed any offence against this Act. (2) Whoever, upon a search being made under this section, having in his possession or custody any explosive or knowing where any explosive is concealed, refuses to produce or point out the same to the person making the search, or intentionally conceals the same, shall, on conviction, be liable to imprisonment for seven years, or to a fine of ten thousand ringgit, or to both. Search warrant against persons 10. A Magistrate, a senior police officer or an Officer in Charge of a Police District, on being satisfied upon information on oath and after any enquiry which he may think necessary that there is good reason to believe that any explosive is likely to be found on any person may by warrant under his hand order any police officer to arrest and search the person, or may by warrant under his hand order any person therein named to arrest the person and to take him forthwith before any Magistrate, senior police officer or Officer in Charge of a Police District, who shall thereupon cause such person to be searched in his presence and if any explosive is found upon his person he shall be taken before a Magistrate to be dealt with according to law. Explosives 11 Entry and search by Magistrate, etc. 11. (1) A Magis