Section 4
Section 4
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.