Explosives (Amendment) Act, 1974
Signed this 31st day of December, 1974.
The Explosives (Amendment) Act, 1974
Being an Act to provide for more drastic penalties for the unlawful
[31st December, 1974.]
Be it enacted by the President and Members of Parliament in this present Parliament assembled, as follows:—
1. Section 12 of the Explosives Act, 1955 is hereby repealed and replaced by the following new section—
12. (1) Any person who has in his possession or uses any explosives otherwise than under the provisions of this Act shall be guilty of an offence and liable—
(a) on summary conviction to a fine not less than one thousand leones and not exceeding two thousand leones or to imprisonment for a term not exceeding three years or to both such fine and imprisonment; or
(b) on conviction on information to a fine not exceeding ten thousand leones or to imprisonment for a term not exceeding fifteen years or to both such fine and imprisonment:
Provided that this section shall not apply to the possession or use of gunpowder or percussion caps which is authorised under the provisions of the Arms and Ammunition Act, 1955.
(2) Subject to the provision of any Rules made made under this Act this section shall not apply to fireworks.
(3) In any proceedings under this Act against my person for the unlawful possession or use of explosives, the onus shall be upon such person to prove that the possession or use was lawful.''.
2. Section 23 of the Explosives Act, 1955 is hereby repealed and replaced by the following new section—
23. Any person who commits an offence under this Act for which no penalty is specified shall be liable on summary conviction to a fine not less than one hundred leones and not exceeding two hundred leones or to imprisonment, for a term not less than three years, or on conviction on information, to a fine not exceeding ten thousand leones or to imprisonment, for a term not exceeding fifteen years, or to both such fine and imprisonment.".
Passed in Parliament this 5th day of December, in the year of our Lord one thousand nine hundred and seventv-four.
M. MUNU. Acting Clerk ct Parliament.
This Printed Impression has been carefully compared by me with the Bill which has passed Parliament and found by me to be a true and correctly printed copy of the said Bill.
M. MUNU. Acting Clerk of Parliament.
