Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS  

Division 72 - Explosives and lethal devices  

Subdivision B - Plastic explosives  

SECTION 72.16   Defences  

(1)  
If:


(a) a person is charged with an offence against section 72.12 , 72.13 , 72.14 or 72.15 ; and


(b) the prosecution alleges that the plastic explosive breached a particular marking requirement;

it is a defence if the defendant proves that he or she had no reasonable grounds for suspecting that the plastic explosive breached that marking requirement.

Note1:

A defendant bears a legal burden in relation to the matter in subsection (1) (see section 13.4 ).

Note 2:

For the marking requirements, see section 72.33 .

(2)  
If:


(a) a person is charged with an offence against section 72.12 , 72.13 or 72.15 ; and


(b) the prosecution alleges that the plastic explosive breached the second marking requirement;

it is a defence if the defendant proves that, at the time of the alleged offence:


(c) the plastic explosive contained a detection agent; and


(d) the concentration of the detection agent in the plastic explosive was not less than the minimum manufacture concentration for the detection agent; and


(e) the detection agent was homogenously distributed throughout the plastic explosive.

Note 1:

A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4 ).

Note 2:

For the marking requirements, see section 72.33 .

Note 3:

For minimum manufacture concentration , see section 72.34 .




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