Commonwealth Consolidated Acts

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ANTI-PERSONNEL MINES CONVENTION ACT 1998 - SECT 4

Definitions

In this Act, unless the contrary intention appears:

"anti-handling device "means a device that:

(a)
is intended to protect a mine; and
(b)
is part of, linked to, attached to or placed under the mine; and
(c)
activates when an attempt is made to tamper with or otherwise intentionally disturb the mine.
"anti-personnel mine" means a mine that:

(a)
is designed, intended or altered so as:
(i)
to be placed under, on or near the ground or other surface area; and
(ii)
to be exploded by the presence, proximity or contact of a person; and
(b)
is capable of incapacitating, injuring or killing one or more persons.

However, a mine that is designed, intended or altered so as to be detonated by the presence, proximity or contact of a vehicle as opposed to a person, and that is equipped with an anti-handling device, is taken not to be an anti-personnel mine as a result of being so equipped.

Note: A mine that has been permanently deactivated is not an anti-personnel mine since it is not capable of incapacitating, injuring or killing a person.

"Australia", when used in a geographical sense, includes the external Territories.

"Convention" means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (a copy of the English text of which is set out in Schedule 1), as amended by any amendment of the Convention that has entered into force for Australia (a copy of the English text of which is set out in the regulations).

"inspector" means a person appointed as an inspector under section 12.

"mine "means a munition (other than a command-detonated munition) designed, intended or altered so as:

(a)
to be placed under, on or near the ground or other surface area; and
(b)
to be exploded by the presence, proximity or contact of a person or a vehicle.
"munition" has the technical meaning generally accepted within the defence community.

"occupier", in relation to premises, includes a person present at the premises who is in apparent control of the premises.

"police officer "means:

(a)
a member or special member of the Australian Federal Police; or
(b)
a member of the police force of a State or Territory.
"premises" includes the following:

(a)
a structure, building, aircraft, vehicle or vessel;
(b)
a place (whether enclosed or built on or not);
(c)
a part of a thing referred to in paragraph (a) or (b).
"transfer ownership or control", in relation to an anti-personnel mine, does not include the transfer of the ownership or control of land containing emplaced anti-personnel mines.


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