Criminal Code Act. Australia
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Название: Criminal Code Act

Автор: Australia

Издательство: Проспект

Жанр: Юриспруденция, право

Серия:

isbn: 9785392081615

isbn:

СКАЧАТЬ of Vice-Admiral or a higher rank; or

      (c) an officer of the Australian Army who holds the rank of Lieutenant-General or a higher rank; or

      (d) an officer of the Australian Air Force who holds the rank of Air Marshal or a higher rank; or

      (e) an officer of the Australian Defence Force who is on deployment as the Commander of an Australian Task Force, contingent or force element that is operating outside Australia;

      all or any of the powers of the Minister for Defence under sections 72.18, 72.19, 72.20, 72.21, 72.24 and 72.25.

      (2) A delegate must not exercise a power delegated under subsection (1) unless the exercise of the power relates to:

      (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 outside Australia of a person who, under a contract, performs services for the Australian Defence Force.

      (3) A delegate is, in the exercise of a power delegated under subsection (1), subject to the written directions of the Minister for Defence.

      72.30 Review by Administrative Appeals Tribunal of authorisation decisions

      (1) An application may be made to the Administrative Appeals Tribunal for review of a decision refusing to give an authorisation under subsection 72.18(1), 72.19(1), 72.20(1) or 72.21(2).

      (2) An application may be made to the Administrative Appeals Tribunal for review of a decision to specify a condition or restriction in an authorisation under subsection 72.18(1), 72.19(1), 72.20(1) or 72.21(2), but such an application may only be made by a person to whom the authorisation applies.

      72.31 Geographical jurisdiction

      Section 15.2 (extended geographical jurisdiction — category B) applies to each offence against this Subdivision.

      72.32 Saving of other laws

      This Subdivision is not intended to exclude or limit the operation of any other law of the Commonwealth or of a State or Territory.

      72.33 Marking requirements

      (1) This section sets out the 2 marking requirements for a plastic explosive.

      Concentration of detection agent at time of manufacture

      (2) The first marking requirement is that, at the time of the manufacture of the plastic explosive, all of the following conditions were satisfied:

      (a) the plastic explosive contained a detection agent;

      (b) the concentration of the detection agent in the plastic explosive was not less than the minimum manufacture concentration for the detection agent;

      (c) the detection agent was homogenously distributed throughout the plastic explosive.

      Note: For minimum manufacture concentration, see section 72.34.

      Freshness

      (3) The second marking requirement is that less than 10 years have elapsed since the manufacture of the plastic explosive.

      Interpretation

      (4) In determining whether a plastic explosive manufactured before the commencement of this section breached the first marking requirement, assume that this section and sections 72.34 and 72.36 had been in force at the time of manufacture.

      72.34 Detection agents and minimum manufacture concentrations

      For the purposes of this Subdivision, the following table defines:

      (a) detection agent; and

      (b) the minimum manufacture concentration for each detection agent.

      Detection agents and minimum manufacture concentrations Item Detection agent Minimum manufacture concentration 1 Ethylene glycol dinitrate (EGDN)

      (molecular formula: C2H4(NO3)2)

      (molecular weight: 152) 0.2 % by mass 2 2,3-Dimethyl-2,3-dinitrobutane (DMNB)

      (molecular formula: C6H12(NO2)2)

      (molecular weight: 176) 1 % by mass 3 para-Mononitrotoluene (p-MNT)

      (molecular formula: C7H7NO2)

      (molecular weight: 137) 0.5 % by mass 4 a substance prescribed for the purposes of this table item the concentration prescribed for the purposes of this table item in relation to the substance

      72.35 Presumption as to concentration of detection agent

      (1) This section applies in relation to a prosecution for an offence against this Subdivision.

      (2) If no detection agent can be detected in a sample of a plastic explosive when tested using:

      (a) a method generally accepted in the scientific community as a reliable means of measuring the concentration of detection agents in plastic explosives; or

      (b) a method prescribed for the purposes of this paragraph;

      it is presumed, unless the contrary is proved, that the plastic explosive breaches the first marking requirement.

      Note: A defendant bears a legal burden in relation to proving the contrary (see section 13.4).

      72.36 Definitions

      In this Subdivision:

      Convention on the Marking of Plastic Explosives means:

      (a) the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1 March 1991; or

      (b) if:

      (i) the Convention is amended; and

      (ii) the amendment binds Australia;

      the Convention as so amended.

      Note: In 2006, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).

      Department of Defence means the Department that deals with matters relating to defence.

      detection agent has the meaning given by section 72.34.

      explosive device includes the following:

      (a) a bomb;

      (b) a grenade;

СКАЧАТЬ