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ARMS AND EXPLOSIVES ACT (CHAPTER 58)

LAWS OF BRUNEI

CHAPTER 58

ARMS AND EXPLOSIVES ACT

1 of 1927

(Cap. 58 of 1951)

1984 Ed. Cap. 58

Amended by

S 99/59

S 7/91

REVISED EDITION 2002

(30th November 2002)

Section

ARRANGEMENT OF SECTIONS

1. Citation.

2. Application.

3. Power to make rules.

4. Jurisdiction of Court of a Magistrate.

5. Omitted.

________________________

ARMS AND EXPLOSIVES ACT

An Act to regulate the manufacture, use, sale, storage, transport, importation, exportation and possession of arms and explosives

Commencement: 8th April 1927

Citation.

1. This Act may be cited as the Arms and Explosives Act.

Application.

2. The provisions of this Act and of any rules made thereunder shallapply to such arms and explosives as may be declared and defined by His Majestythe Sultan and Yang Di-Pertuan by public notification.

[S 7/91]

Power to make rules.

3. His Majesty may make rules for any of the following purposes—

[S 7/91]

(a) to regulate the possession of guns or arms;

(b) to regulate the importation of guns or arms;

(c) to regulate the exportation of guns, arms, or naval ormilitary stores;

(d) to regulate the manufacture and dealing in guns or arms and thepurchase of arms;

(e) to regulate the landing and transhipping of guns or arms;

(f) to provide for the marking of guns or arms for thepossession of which a licence is issued;

(g) to regulate or prohibit, except under or in accordance with theconditions of a licence, the manufacture, possession, use, sale, purchase, storage, transport, importation and exportation of explosives or anyspecified class of explosives;

(h) to regulate the tests to which various classes or anyparticular class of explosive may or shall be subjected beforepermission is granted to land the same in Brunei Darussalam;

(i) to regulate the duties of the licensing or port officers or of anyother officer vested with powers under any rules made under this Act;

(j) to declare what duties may be carried out by subordinate police officers under the direction and control of the licensing officers, andto regulate the conduct of such duties;

(k) to regulate the manner in which application for licences shall bemade, and the matters to be specified in such licences;

(l) to regulate the form in which, and the conditions on and subjectto which, licences shall be granted, and the matters to be specified in suchlicences, and the issue of licences generally;

(m) to regulate the period for which licences are to remain inforce;

(n) to fix the fees to be charged for any licence which may be issuedunder this Act and the other sums, if any, to be paid for expenses by applicantsfor such licences;

(o) to fix the fees to be paid for the use of Governmentmagazines or any portion thereof;

(p) to direct by whom and in what manner fees payable under this Actshall be collected and accounted for;

(q) to authorise any officer, either by name or in virtue of hisoffice —

(i) to enter, inspect and examine any place, vehicle, aircraft or vessel in which an explosive is being manufactured, possessed, used, sold, transported or imported under a licence granted under this Act, or inwhich he has reason to believe that an explosive has been or is beingmanufactured, possessed, used, sold, transported or imported in contravention ofthis Act or of the rules made thereunder;

(ii) to search for explosives therein;

(iii) to take samples of any explosive found therein, on payment of the valuethereof; and

(iv) to seize, detain, remove and, if necessary, destroy any explosive foundtherein;

(r) to regulate the disposition, destruction or sale of all articlesforfeited under this Act;

(s) to prescribe the penalties for any breach of the provisions of anyrules made under this Act:

Provided no such penalty shall exceed imprisonment for a term of 15 years, a fine of $10,000 and 12 strokes of whipping.

[S 7/91]

(t) to exempt any person or classes of persons from theprovisions of any rules made under this Act;

(u) generally to provide for the regulation of the manufacture, use,sale, storage, transport, importation, exportation and possession of arms andexplosives.

Jurisdiction of Court of a Magistrate.

4. Without prejudice to the jurisdiction of the High Court, a Court ofa Magistrate shall have jurisdiction to try any offence against this Act and toimpose any penalty prescribed therefor not exceeding 7 years imprisonment and afine of $10,000.

[S 7/91]

5. Omitted .