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EXPLOSIVES ACT 1875 - SECT 75

Inspection of wharf, carriage, boat, &c. with explosives in transitu.

75. Any of the following officers, namely, any Government inspector under
this Act, any chief officer of police, and any superior officer appointed for
the purposes of this Act ... by the [harbour authority] ... may, for the
purpose of ascertaining whether the provisions of this Act with respect to the
conveyance, loading, unloading, and importation of an explosive are complied
with, enter, inspect, and examine at any time, and as well on Sundays as on
other days, the wharf, carriage, ship, or boat of any carrier or other person
who conveys goods for hire, or of the occupier of any factory, magazine, or
store, or of the importer of any explosive, on or in which wharf, carriage,
ship, or boat he has reasonable cause to suppose an explosive to be for the
purpose of or in course of conveyance, but so as not to unnecessarily obstruct
the work or business of any such carrier, person, occupier, or importer.

Any such officer, if he find any offence being committed under this Act in any
such wharf, carriage, ship, or boat, or on any public wharf, may seize and
detain or remove the said carriage, ship, or boat, or the explosive, in such
manner and with such precautions as appear to him to be necessary to remove
any danger to the public, and may seize and detain the said explosive, as if
it were liable to forfeiture.

Any officer above mentioned in this section, and any officer of police, or
officer of the [harbour authority] who has reasonable cause to suppose that
any offence against this Act is being committed in respect of any cariage (not
being on a railway) or any boat conveying, loading, or unloading any
explosive, and that the case is one of emergency, and that the delay in
obtaining a warrant will be likely to endanger life, may stop, and enter,
inspect, and examine, such carriage or boat, and by detention or removal
thereof or otherwise take such precautions as may be reasonably necessary for
removing such danger, in the like manner as if such explosive were liable to
forfeiture.

Every officer shall for the purpose of this section have the same powers and
be in the same position as if he were authorised by a search warrant granted
under this Act, and any person failing to admit or obstructing such officer
shall be liable to the same penalty.

© 1875 Crown Copyright

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