Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Division 72 - Explosives and lethal devices  

Subdivision C - Cluster munitions and explosive bomblets  

SECTION 72.41   72.41   Defence - acts by Australians in military cooperation with countries not party to Convention on Cluster Munitions  

A person who is an Australian citizen, is a member of the Australian Defence Force or is performing services under a Commonwealth contract does not commit an offence against section 72.38 by doing an act if:

(a) the act is done in the course of military cooperation or operations with a foreign country that is not a party to the Convention on Cluster Munitions; and

(b) the act is not connected with the Commonwealth:

(i) using a cluster munition; or

(ii) developing, producing or otherwise acquiring a cluster munition; or

(iii) stockpiling or retaining a cluster munition; or

(iv) transferring a cluster munition; and

(c) the act does not consist of expressly requesting the use of a cluster munition in a case where the choice of munitions used is within the Commonwealth ' s exclusive control.

Note 1:

A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3) .

Note 2:

The expression offence against section 72.38 is given an extended meaning by subsections 11.2(1) and 11.2A(1) , section 11.3 and subsection 11.6(2) .

Note 3:

This section relates to paragraphs 3 and 4 of Article 21 of the Convention on Cluster Munitions.

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