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  

 View history note

 Hide history note

History

Div 72 (heading) substituted by No 3 of 2007, s 3 and Sch 1 item 1, effective 25 August 2007. The heading formerly read:

Division 72 - International terrorist activities using explosive or lethal devices

Subdivision B - Plastic explosives  

 View history note

 Hide history note

History

Subdiv B inserted by No 3 of 2007, s 3 and Sch 1 item 8, effective 25 August 2007.

SECTION 72.35   Presumption as to concentration of detection agent  

View history reference

(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 ).

 View history note

 Hide history note

History

S 72.35 inserted by No 3 of 2007, s 3 and Sch 1 item 8, effective 25 August 2007.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.