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 C - Cluster munitions and explosive bomblets  

SECTION 72.38   Offences relating to cluster munitions   Doing acts with a cluster munition

(1)  
A person commits an offence if the person does any of the following with a cluster munition:


(a) uses it;


(b) develops, produces or otherwise acquires it;


(c) stockpiles or retains it;


(d) transfers it to anyone.

Penalty: Imprisonment for 10 years.

Promoting acts with a cluster munition

(2)  
A person (the first person ) commits an offence if:


(a) the first person assists, encourages or induces another person to do any of the following acts with a cluster munition:


(i) use it;

(ii) develop, produce or otherwise acquire it;

(iii) stockpile or retain it;

(iv) transfer it to anyone; and


(b) the other person does the act; and


(c) the first person intends that the act be done.

Penalty: Imprisonment for 10 years.

Geographical jurisdiction

(3)  
Section 15.2 (extended geographical jurisdiction - category B) applies to an offence against this section. Relationship with other provisions

(4)  
Division 11 does not apply in relation to an offence against subsection (2).

Note 1:

Later sections of this Subdivision set out defences.

Note 2:

This section relates to Articles 1 and 9 of the Convention on Cluster Munitions.


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