Commonwealth Consolidated Acts

ANTI-PERSONNEL MINES CONVENTION ACT 1998 - SECT 8

Grant of permission

(1)

The Minister for Defence may, by writing, grant permission for specified anti-personnel mines to:

(a)

be placed under, on or near the ground or other surface area, or

(b)

be possessed; or

(c)

be produced or otherwise acquired; or

(d)

be physically moved; or

(e)

be the subject of a transfer of ownership or control;

for the purposes of the development of, and training in, any or all of the following:

(f)

anti-personnel mine detection techniques;

(g)

anti-personnel mine clearance techniques;

(h)

anti-personnel mine destruction techniques;

(i)

anti-personnel mine deactivation techniques.

Note: For specification by class, see subsection 46(2) of the Acts Interpretation Act 1901.

(2)

The Minister for Defence must ensure that the total number of anti-personnel mines that are the subject of permissions under subsection (1) does not exceed the minimum number absolutely necessary for the purposes of the development of, and training in, any or all of the techniques referred to in that subsection.

Decision-making principles

(3)

The Minister for Defence must, by writing, formulate principles to be complied with by the Minister for Defence in exercising the power conferred by subsection (1).

(4)

Before formulating the principles under subsection (3), the Minister for Defence must consult the Minister administering this Act.

(5)

In exercising the power conferred by subsection (1), the Minister for Defence must comply with the principles formulated under subsection (3).

(6)

Principles formulated under subsection (3) are disallowable instruments for the purposes of section 46A of the Acts Interpretation Act 1901 .