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 72.36   72.36   Definitions  
In this Subdivision:

AFP Minister
means the Minister administering the Australian Federal Police Act 1979 .

Convention on the Marking of Plastic Explosives
means:


(a) the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1 March 1991; or


(b) if:


(i) the Convention is amended; and

(ii) the amendment binds Australia;
the Convention as so amended.
Note:

In 2006, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

Department of Defence
means the Department that deals with matters relating to defence.

detection agent
has the meaning given by section 72.34 .

explosive device
includes the following:


(a) a bomb;


(b) a grenade;


(c) a mine;


(d) a missile;


(e) a perforator;


(f) a projectile;


(g) a rocket;


(h) a shaped charge;


(i) a shell.

export
includes take from Australia.

first marking requirement
has the meaning given by subsection 72.33(2) .

high explosive
means an explosive with a velocity of detonation that is greater than the velocity of sound in the explosive (typically greater than 340 metres per second), and includes the following:


(a) cyclotetramethylenetetranitramine (HMX);


(b) pentaerythritol tetranitrate (PETN);


(c) cyclotrimethylenetrinitramine (RDX).

import
includes bring into Australia.

manufacture a substance
means any process by which a substance is produced, and includes the following:


(a) the process of transforming a substance into a different substance;


(b) the reprocessing of a substance.

marking requirement
has the meaning given by section 72.33 .

minimum manufacture concentration
has the meaning given by section 72.34 .

Minister for Defence
means the Minister administering the Defence Act 1903 .

plastic explosive
means an explosive product (including an explosive produce in flexible or elastic sheet form) that is:


(a) formulated with:


(i) one or more high explosives which in their pure form have a vapour pressure less than 10 -4 Pa at a temperature of 25 ° C; and

(ii) a binder material; and


(b) as a mixture, malleable or flexible at normal room temperature.

possess
a substance includes the following:


(a) receive or obtain possession of the substance;


(b) have control over the disposition of the substance (whether or not the substance is in the custody of the person);


(c) have joint possession of the substance.

responsible Minister
means:


(a) the AFP Minister; or


(b) the Minister for Defence.

second marking requirement
has the meaning given by subsection 72.33(3) .

traffic
in a substance means:


(a) transfer the substance; or


(b) offer the substance for sale; or


(c) invite the making of offers to buy the substance; or


(d) prepare the substance for transfer with the intention of transferring any of it or believing that another person intends to transfer any of it; or


(e) transport or deliver the substance with the intention of transferring any of it or believing that another person intends to transfer any of it; or


(f) guard or conceal the substance with the intention of transferring any of it or the intention of assisting another person to transfer any of it; or


(g) possess the substance with the intention of transferring any of it.

For the purposes of paragraph (d), preparing a substance for transfer includes packaging the substance or separating the substance into discrete units.

transfer
means transfer ownership or possession.

unmarked plastic explosive
means a plastic explosive that breaches a marking requirement.

wrapper
, in relation to a plastic explosive, means a wrapper the inner surface of which is in contact with the plastic explosive.


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