Criminal Code Act. Australia
Чтение книги онлайн.

Читать онлайн книгу Criminal Code Act - Australia страница 22

Название: Criminal Code Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081615

isbn:

СКАЧАТЬ development or testing of explosives detection equipment;

      (iii) training in explosives detection;

      (iv) forensic science; or

      (b) both:

      (i) the plastic explosive is an integral part of an explosive device that was manufactured exclusively for defence purposes; and

      (ii) the explosive device is for use exclusively for defence purposes; or

      (c) the plastic explosive will, within 3 years after the commencement of this section, become an integral part of an explosive device manufactured exclusively for defence purposes.

      (3) An authorisation under subsection (1) must specify the grounds on which it was given.

      Conditions and restrictions

      (4) An authorisation under subsection (1) is subject to such conditions and restrictions as are specified in the authorisation.

      (5) A responsible Minister must not give an authorisation under subsection (1) in relation to an unmarked plastic explosive on grounds covered by paragraph (2)(a) unless the authorisation is subject to a condition imposing a limit as to the quantity of the plastic explosive.

      Criteria

      (6) In exercising a power conferred by this section in relation to:

      (a) the trafficking in; or

      (b) the import, export, manufacture or possession of;

      an unmarked plastic explosive, a responsible Minister must have regard to:

      (c) the Convention on the Marking of Plastic Explosives; and

      (d) whether the trafficking, import, export, manufacture or possession is reasonable; and

      (e) such other matters (if any) as the responsible Minister considers relevant.

      72.19 Authorisation for defence and police purposes — 15 year limit

      Authorisation

      (1) A responsible Minister may, by writing, authorise:

      (a) the trafficking in; or

      (b) the import, export or possession of;

      an unmarked plastic explosive that was:

      (c) manufactured before the commencement of this section; or

      (d) manufactured after the commencement of this section in accordance with an authorisation given under subsection 72.21(2).

      (2) A responsible Minister must not give an authorisation under subsection (1) in relation to an unmarked plastic explosive unless the responsible Minister is satisfied that the plastic explosive is exclusively for use in connection with:

      (a) the operation of the Australian Defence Force; or

      (b) the operation in Australia of a visiting force (within the meaning of the Defence (Visiting Forces) Act 1963); or

      (c) the operation of:

      (i) the Australian Federal Police; or

      (ii) the police force or police service of a State or Territory.

      Conditions and restrictions

      (3) An authorisation under subsection (1) is subject to such conditions and restrictions as are specified in the authorisation.

      Criteria

      (4) In exercising a power conferred by this section in relation to:

      (a) the trafficking in; or

      (b) the import, export or possession of;

      an unmarked plastic explosive, a responsible Minister must have regard to:

      (c) the Convention on the Marking of Plastic Explosives; and

      (d) whether the trafficking, import, export or possession is reasonable; and

      (e) such other matters (if any) as the responsible Minister considers relevant.

      Sunset

      (5) This section ceases to have effect at the end of 15 years after its commencement.

      72.20 Authorisation for existing stocks — 3 year limit

      Authorisation

      (1) A responsible Minister may, by writing, authorise:

      (a) the trafficking in; or

      (b) the import, export or possession of;

      an unmarked plastic explosive that was manufactured before the commencement of this section.

      Conditions and restrictions

      (2) An authorisation under subsection (1) is subject to such conditions and restrictions as are specified in the authorisation.

      (3) A responsible Minister must not give an authorisation under subsection (1) in relation to an unmarked plastic explosive unless the authorisation is subject to a condition that, within 3 years after the commencement of this section:

      (a) the plastic explosive will not exist; or

      (b) the plastic explosive will be made permanently ineffective.

      Criteria

      (4) In exercising a power conferred by this section in relation to:

      (a) the trafficking in; or

      (b) the import, export or possession of;

      an unmarked plastic explosive, a responsible Minister must have regard to:

      (c) the Convention on the Marking of Plastic Explosives; and

      (d) whether the trafficking, import, export or possession is reasonable; and

      (e) such other matters (if any) as the responsible Minister considers relevant.

      72.21 Authorisation of manufacturers — 6 month transitional period

      Object

      (1) The object of this section is to allow manufacturers a 6 month transitional period for compliance with sections 72.12, 72.14 and 72.15.

      Authorisation

      (2) A responsible Minister may, by writing, authorise:

      (a) the manufacture of an unmarked plastic explosive after the commencement of this section; or

      (b) the trafficking in an unmarked plastic explosive manufactured after the commencement of this section; or

      (c) СКАЧАТЬ