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 72.40   Defence - transfer for destruction etc.   Transfer to foreign party to Convention on Cluster Munitions

(1)  
Section 72.38 does not apply to the transfer of a cluster munition to a party to the Convention on 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 munition.

Note 1:

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

Note 2:

This subsection relates to paragraph 7 of Article 3 of the Convention on Cluster Munitions.

Intended transfer to Australian Defence Force

(2)  
Subsections (3) and (4) have effect if:


(a) a person has a cluster munition; and


(b) the person gives notice to a police officer or member of the Australian Defence Force that the person wishes to transfer the munition to a member of the Australian Defence Force or other Commonwealth public official; and


(c) the person gives notice without delay after the first time the person has the cluster munition after the commencement of this subsection.

(3)  
Subsection 72.38(1) does not apply to the person stockpiling or retaining the cluster munition at any time before the person transfers it to a member of the Australian Defence Force or other Commonwealth public official.

(4)  
Subsection 72.38(1) does not apply to the person transferring the cluster munition to a member of the Australian Defence Force or other Commonwealth public official.

Note:

A defendant bears an evidential burden in relation to the matters in subsection (2) and whichever of subsections (3) and (4) is relevant: see subsection 13.3(3) .




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