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 72.18   Authorisation for research etc.   Authorisation

(1)  
A responsible Minister may, by writing, authorise:


(a) the trafficking in; or


(b) the import, export, manufacture or possession of;

an unmarked plastic explosive.

(2)  
A responsible Minister must not give an authorisation under subsection (1) in relation to an unmarked plastic explosive unless the responsible Minister is satisfied that:


(a) the plastic explosive is for use exclusively for one or more of the following:


(i) research, development or testing of new or modified explosives;

(ii) development or testing of explosives detection equipment;

(iii) training in explosives detection;

(iv) forensic science; or


(b) both:


(i) the plastic explosive is an integral part of an explosive device that was manufactured exclusively for defence purposes; and

(ii) the explosive device is for use exclusively for defence purposes; or


(c) the plastic explosive will, within 3 years after the commencement of this section, become an integral part of an explosive device manufactured exclusively for defence purposes.

(3)  
An authorisation under subsection (1) must specify the grounds on which it was given. Conditions and restrictions

(4)  
An authorisation under subsection (1) is subject to such conditions and restrictions as are specified in the authorisation.

(5)  
A responsible Minister must not give an authorisation under subsection (1) in relation to an unmarked plastic explosive on grounds covered by paragraph (2)(a) unless the authorisation is subject to a condition imposing a limit as to the quantity of the plastic explosive. Criteria

(6)  
In exercising a power conferred by this section in relation to:


(a) the trafficking in; or


(b) the import, export, manufacture or possession of;

an unmarked plastic explosive, a responsible Minister must have regard to:


(c) the Convention on the Marking of Plastic Explosives; and


(d) whether the trafficking, import, export, manufacture or possession is reasonable; and


(e) such other matters (if any) as the responsible Minister considers relevant.


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