(1) A person commits an offence and is liable on conviction on indictment to a term of imprisonment not exceeding 10 years or a fine not exceeding $500,000, or both, who—
(a) possesses, uses, or manufactures unmarked plastic explosives, knowing they are unmarked; or
(b) imports or exports unmarked plastic explosives to or from New Zealand, knowing they are unmarked.
(2) Subsection (1) does not apply in respect of unmarked plastic explosives (not being explosives to which subsection (3) applies) that were lawfully manufactured in, or imported into New Zealand before the commencement of this section and that may, subject to the Hazardous Substances and New Organisms Act 1996, be transported or possessed by—
(a) a person who performs military or Police functions during the period that begins with the entry into force of this section and ends 15 years later; or
(b) any other person during the period that begins with the entry into force of this section and ends 3 years later.
(3) Nothing in this section applies to unmarked plastic explosives—
(a) that are manufactured or held in limited quantities for sole use in any of the following activities that are duly approved by the Environmental Protection Authority established by section 7 of the Environmental Protection Authority Act 2011:
(i) research, development, or testing of new or modified explosives; or
(ii) training in explosives detection or testing of explosives detection equipment; or
(iii) forensic science activities; or
(b) that are destined to be, and are incorporated as, an integral part of a duly authorised military device in New Zealand within 3 years after the date on which this section comes into force.
Section 13B: inserted, on 17 February 2004, by section 5 of the Terrorism Suppression Amendment Act 2003 (2003 No 106).
Section 13B(3)(a): amended, on 1 July 2011, by section 53(1) of the Environmental Protection Authority Act 2011 (2011 No 14).