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DIVISION 5—PLASTIC EXPLOSIVES

38. Offences relating to plastic explosives

(1) Any person who knowingly manufactures unmarked plastic explosives commits an offence and is liable upon conviction to imprisonment for 15 years.

(2) Any person who knowingly possesses or transports unmarked plastic explosives commits an offence and is liable upon conviction to imprisonment for 15 years.

(3) Subject to subsection (4), it is not an offence under subsection (1) or (2) if—

(a) the person manufactures, possesses or transports unmarked plastic explosives in a quantity approved in writing by the Commissioner of Police solely for use—

(i) in research, development or testing of new or modified explosives; or
(ii) in training in explosives detection or in the development or testing of explosives detection equipment; or
(iii) for forensic science purposes; or

(b) the unmarked plastic explosives are destined to be, and are incorporated as, an integral part of duly authorised military devices in Kiribati within three years after the coming into force of the Plastic Explosives Convention in Kiribati.

(4) Any person who imports or exports unmarked plastic explosives commits an offence and is liable upon conviction to imprisonment for 15 years.

DIVISION 6—TERRORIST BOMBING

39. Offences relating to terrorist bombings

(1) Subsection (2) applies to an action that is intended by a person—

(a) to cause death or serious bodily injury; or

(b) to cause extensive damage to a place mentioned in subsection (2)(a) or (b), a facility mentioned in subsection (2)(c) or a system mentioned in subsection (2)(d), if the damage results in or is likely to result in major economic loss.

(2) Any person who unlawfully and intentionally delivers, places, discharges or detonates an explosive or other lethal device in, into or against—

(a) a part of a building, land, street or waterway or other location that is accessible or open to members of the public, whether continuously, periodically or occasionally, including a commercial, business, cultural, historical, educational, religious, governmental, entertainment, recreational or similar place; or

(b) a facility or conveyance that is used or occupied, in connection with his or her official duties, by—

(i) a representative of any Government; or
(ii) the Head of State of any country; or
(iii) the Prime Minister or a Minister of any country; or
(iv) a member of the legislature of any country; or
(v) a judge of any country; or
(vi) an official or employee of a Government or public authority or an inter-governmental organisation; or

(c) a facility, conveyance or instrumentality, whether public or privately owned, that is used in or for a publicly available service for the transportation of persons or cargo; or (d) a publicly or privately owned facility providing or distributing services for the benefit of the public, such as water, energy, fuel or communications,

commits an offence and is liable upon conviction to imprisonment for life.