ORDINANCE No. 12 OF 1872.
Explosive Substances.
in the order shall, during the continuance of the order, apply to such substance, and shall be construed and have effect as if throughout it such substance had been included in the definition of goods or articles to which this Ordinance applies, subject to the following qualifications:
(1.) The quantity of any substance to which this Ordinance is directed by in Council to apply, which may be kept without a licence, shall be such quantity only as is specified in that behalf in such order, or if no such quantity is specified no quantity may be kept without a licence.
(2.) The label on the vessel or package containing such substance shall be such as may be specified in that behalf in the order.
10. No person shall deliver any goods which are specially dangerous to any such warehouse owner or carrier, or send or carry, or cause to be sent or carried any goods to or from any part of the Colony, or deposit such goods in or on any warehouse, wharf, or quay, unless the true name or description of such goods, with the addition of the words "Specially Dangerous," in English and Chinese, is distinctly written, printed, or marked on the outside of the package nor in the case of delivery to or deposit with any warehouse owner or carrier, without also giving notice in writing to him of the name or description of such goods, and of their being specially dangerous. And any person who commits a breach of this enactment shall be liable to a penalty of two thousand dollars, or at the discretion of the Court to imprisonment with or without hard labor for any term not exceeding two years.
11. Provided always as follows:
(1.) Any person convicted of a breach of the last foregoing enactment shall not be liable to imprisonment, or to a penalty of more than one thousand dollars if he shows to the satisfaction of the Court and jury before whom he is convicted that he did not know the nature of the goods to which the information relates.
(2.) Any person accused of having committed a breach of the said enactment shall not be liable to be convicted thereof if he shows to the satisfaction of the Court and jury before whom he is tried that he did not know the nature of the goods to which the information relates, and that he could not, with reasonable diligence, have obtained such knowledge.
12. Where goods are delivered, sent, carried, or deposited in contravention of the said enactment, the same shall be forfeited, and shall be disposed of in such manner as the Governor directs, whether any person is liable to be convicted of a breach of the said enactment or not.
Dangerous goods to be marked and notice given of their character.
[29 & 30, Vic. C. 69, s. 5.]
Provision for case of absence of knowledge of nature of goods. [29 & 30, Vic. c. 69, s. 4.]
As to forfeiture of such goods. [29 & 30, Vic. c. 69, s. 5.]