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Chapter 7 Penalty Articles
Article 35
With one of the following situations and result in public danger, shall be sentenced to termed imprisonment of more than 1 year and under 7 years; result in death, shall be sentenced to termed imprisonment of more than 7 years or life imprisonment; result in serious injury, shall be sentenced to termed imprisonment of more than 3 years and under 7 years.
1.Violate paragraph 1 in Article 8, fail to apply for inspection and obtain permission but start manufacturing explosive products.
2.Violate Article 23, dispose explosive product without permission.
Article 36
With one of the following situations, violator is subject to fine of more than NT$200,000 and under NT$1,000,000, and will be asked to improve within given period; without improvement after given period, violator shall be fined for every given period.
1.Violate paragraph 1 in Article 8, fail to apply for inspection and obtain permission but start manufacturing explosive products.
2.Violate paragraph 2 in Article 10, establish distribution office without permission.
3.Violate Article 12, explosive vender sale explosive to party without purchasing permit.
4.Violate paragraph 1 paragraph 2 in Article 13, fail to apply for inspection and obtain permission but start manufacturing or sale explosive products, fail to inform the operation or opening date to the Governing Agency or fail to restrict both employees and visitors to bring or take out explosive materials when enter or leave the facility.
5.Violate Article 23, dispose explosive product without permission.
6.Violate Article 24, transfer or lending explosive products without permission, the left over and unused explosive, after purchased and end of use, be recovered by supplier at it remained value or sale to other purchaser without permission.
7.Violate Article 34, without conduct emergency measures direct by Governing Agency.
Article 37
With one of the following situations, violator is subject to fine of more than NT$60,000 and under NT$300,000, and will be asked to improve within given period; without improvement after given period, violator shall be fined for every given period or improvement.
1.Violate one of the conditions listed in Article 17, fail to transport explosives using assigned vehicle and personnel and fail to follow approved transportation route and schedule.
2.Violate one of the conditions listed in Article 18 or the use of explosive by personnel without professional blasting training.
3.Storage, temporarily storage or assign monitoring personnel without comply with the regulation described in Article 19.
4.The establishment of magazine and guardhouse and assign designated personnel or personnel shift without comply with the regulation described in Article 20.
5.Violate paragraph 1 or paragraph 2 in Article 22, establish or change magazine without apply for inspection and obtain permission or use of magazine without obtaining registration permit.
6.Violate Article 28, smoking, using fire source or bringing flammable materials and materials that are easy to catch fire into the explosive manufacturing facility, magazine or job-site
7.Violate Article 31, fail to take necessary emergency or rescue measures and inform Governing Agency, when explosive related hazard occurs or may potentially occur.
Article 38
With one of the following situations, violator is subject to fine of more than NT$10,000 and under NT$50,000, and will be asked to improve within given period; without improvement after given period, violator shall be fined for every given period of improvement.
1.Violate Article 21, store explosives in others’ magazine without obtaining permission.
2.Fail to assign explosive manager to handle the following tasks described in paragraph 1 Article 25.
3.Fail to comply with the execution to replace explosive manager by Governing Agency in accordance with paragraph 2 in Article 26.
4.Violate Article 27 regarding to the assign of appropriate explosive managing person, assign temporarily explosive manager, assign replacement of explosive manager or report to the Governing Agency for permission.
5.Fail to comply with Article 29 about explosive packing regulations or mixing packing with other materials.
6.Violate Article 30, fail to report explosive stolen or lose within 24 hours period.
7.Fail to prepare explosive logbook and record, preserve records, report production, sales, disposed quantity to the Governing Agency periodically in accordance to Article 32.
8.Violate paragraph 2 Article 33, evade, interfere or refuse the inspection executed by Governing Agency.