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Possessing, Making or Supplying Explosives

Possessing, Making or Supplying Explosives is an offence under Section 93FA of the Crimes Act 1900. The maximum penalty is 3 years in prison where the prosecution is able to prove beyond reasonable doubt that:

  1. You possessed, supplied or made an explosive, and
  2. There is a reasonable suspicion you had no lawful purpose for doing so

The maximum penalty increases to 5 years in prison where you possessed an explosive in a public place.

An ‘explosive’ is:

An article or substance that, when manufactured, mixed, assembled or transported, can produce an explosive or pyrotechnic effect.

A ‘public place’ is that which is owned by the public, or open to the public by payment or otherwise.

A defence to the charge is that you had a reasonable excuse for your conduct, or carried it out for a lawful purpose.

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