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 72.39   Defence - acquisition or retention authorised by Defence Minister  

(1)  
Section 72.38 does not apply to the acquisition or retention of a cluster munition authorised under subsection (2).

Note:

A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3).

(2)  
The Minister administering the Explosives Act 1961 may authorise, in writing, specified members of the Australian Defence Force or other specified Commonwealth public officials to acquire or retain specified cluster munitions for one or more of the following purposes:


(a) the development of, and training in, cluster munition and explosive submunition detection, clearance or destruction techniques;


(b) the development of cluster munition counter-measures;


(c) the destruction of the munitions.

Note 1:

For specification by class see the Acts Interpretation Act 1901 .

Note 2:

This section relates to paragraphs 6 and 7 of Article 3 of the Convention on Cluster Munitions.

(3)  
The regulations may prescribe requirements relating to authorisations under subsection (2).

(4)  
An authorisation made under subsection (2) is not a legislative instrument.

(5)  
The Minister described in subsection (2) may delegate his or her power under that subsection to:


(a) the Secretary of the Department administered by that Minister; or


(b) an SES employee in that Department.

Note:

For the definition of SES employee see the Acts Interpretation Act 1901 .


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