Commonwealth Consolidated Acts

ANTI-PERSONNEL MINES CONVENTION ACT 1998 - SECT 12

Members of fact-finding mission

(1)

If a fact-finding mission to Australia is authorised under Article 8 of the Convention, the Minister must, by instrument in writing, appoint each member of the mission as an inspector.

Domestic inspectors

(2)

The Minister may, by instrument in writing, appoint any of the following persons as an inspector:

(a)

a person who is appointed or employed by the Commonwealth;

(b)

a person who is appointed or employed by a State or Territory.

Note: Inspectors appointed under subsection (2) are not part of fact-finding missions.

(3)

In exercising powers or performing functions as an inspector, an inspector appointed under subsection (2) must comply with any directions of the Minister.

(4)

A person appointed as an inspector under subsection (2) must not exercise powers or perform functions as an inspector unless the person is accompanied by an inspector appointed under subsection (1).

(5)

Before exercising the power conferred by subsection (2), the Minister must consult the Minister for Defence.

Identity cards

(6)

The Minister must issue an identity card to an inspector, in the form prescribed by the regulations. The identity card must contain a recent photograph of the inspector.

(7)

A person is guilty of an offence if:

(a)

the person has been issued with an identity card; and

(b)

the person ceases to be an inspector; and

(c)

the person does not immediately return the identity card to the Minister.

Penalty: 1 penalty unit.

Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

(8)

An inspector must carry the identity card at all times when exercising powers or performing functions as an inspector.