Commonwealth Consolidated Acts

ANTI-PERSONNEL MINES CONVENTION ACT 1998 - SECT 9

Offence

(1)

A person is guilty of an offence if:

(a)

the person is knowingly in the possession of an anti-personnel mine; and

(b)

the person does not deliver the mine, without delay, to a member of the Australian Defence Force, or to a police officer, for destruction or permanent deactivation.

Penalty:

(a)

if the offender is an individual—600 penalty units or imprisonment for 10 years, or both; or

(b)

if the offender is a body corporate—10,000 penalty units.

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

Exception

(2)

Subsection (1) does not apply if the person is in the possession of the anti-personnel mine in circumstances that are not prohibited by section 7.

Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code ).