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 B - Plastic explosives  

SECTION 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 manufactured before the commencement of this section.

(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.