Criminal Code Act 1995
Section 3CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS Division 72 - Explosives and lethal devices
A person who is an Australian citizen, is a member of the Australian Defence Force or is performing services under a Commonwealth contract does not commit an offence against section 72.38 by doing an act if:
(a) the act is done in the course of military cooperation or operations with a foreign country that is not a party to the Convention on Cluster Munitions; and
(b) the act is not connected with the Commonwealth:
(i) using a cluster munition; or
(ii) developing, producing or otherwise acquiring a cluster munition; or
(iii) stockpiling or retaining a cluster munition; or
(iv) transferring a cluster munition; and
(c) the act does not consist of expressly requesting the use of a cluster munition in a case where the choice of munitions used is within the Commonwealth ' s exclusive control.
A defendant bears an evidential burden in relation to the matter in this section: see subsection 13.3(3) .
The expression offence against section 72.38 is given an extended meaning by subsections 11.2(1) and 11.2A(1) , section 11.3 and subsection 11.6(2) .
This section relates to paragraphs 3 and 4 of Article 21 of the Convention on Cluster Munitions.