{"id":"F2006L00588","name":"Anti-Personnel Mines Convention Act 1998 - Decision-Making Principles Governing the Retention of Anti-Personnel Mines by the Australian Defence Forces (ADF)","slug":"anti-personnel-mines-convention-act-1998-decision-making-principles-governing-the-retention-of-anti-","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":117249,"registerId":"commonwealth-F2006L00588-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Anti-Personnel Mines Convention Act 1998 - Decision-Making Principles Governing the Retention of Anti-Personnel Mines by the Australian Defence Forces (ADF)","content":"COMMONWEALTH OF AUSTRALIA\n\nAnti-Personnel Mines Convention Act 1998\n\nPreamble\n\nThe following Decision-Making Principles Governing the Retention of Anti-Personnel Mines by the Australian Defence Forces are made under authority of subsection 8(3) of the Anti-Personnel Mines Convention Act 1998 (‘the Act’) and were formulated following consultation with the Minister for Foreign Affairs in accordance with subsection 8(4) of the Act\n\nDecision-Making Principles Governing the Retention of Anti-Personnel Mines by the Australian Defence Forces (ADF)\n\nPursuant to Australia’s obligations as a State Party to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (The Ottawa Convention) and in observing the Anti-Personnel Mines Convention Act 1998, the following decision making principles would apply when determining whether anti-personnel mines may be used by the ADF:\n\n-   The retention of anti-personnel mines within the ADF is to be limited to:\n\n Maintaining a demining and countermine capability;\n\n Maintaining a capability to demolish anti-personnel mines as part of demining, countermine, Explosive Ordnance Demolition (EOD) or Demolition of Malfunctioned Explosive Ordnance (DMEO) capabilities;\n\n Demonstrating anti-personnel mines’ effects as part of mine awareness and countermine training; and\n\n Research into anti-personnel mines’ effects on in-service and trial equipment.\n\n-   Within the ADF only those personnel and units likely to be involved in demining or countermine operations or training may deal with live mines.\n-   Defence Science and Technology Organisation and approved contracted research organisations may produce replica devices or otherwise acquire anti-personnel mines as required for testing, evaluation and research purposes in support of the ADF demining or countermine capability, strictly for research or training purposes.\n-   ADF personnel serving with coalition forces are to be governed by Australian Rules of Engagement and policy guidelines and will remain subject to Australian law.\n-   Any Australian Defence Force, Force Element participating in a coalition operation is not to engage in any activity prohibited by the Ottawa Convention and the Anti‑Personnel Mines Convention Act 1998 and the Declaration of Understanding deposited with Australia’s instrument of ratification to the Convention, unless Australia has withdrawn from the Ottawa Convention and the relevant domestic legislation has been repealed. Mere participation by Australian forces or personnel in a coalition operation involving partners not party to the Ottawa Convention would not constitute a violation by those forces and personnel.\n-   Sufficient stock of anti-personnel mines is to be retained to allow training for demining and countermine operations, mine awareness training and for research purposes.\n\nDated this 6th day of FEBRUARY 2006\n\nDr Brendan Nelson\n\nMinister for Defence","sortOrder":0}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This document represents a straightforward implementation of the specific exemption allowed under Article 3 of the Ottawa Convention (retention of mines for training and research purposes). The scope remains tightly confined to the original purpose: establishing decision-making principles for the limited retention of anti-personnel mines by the ADF. There is no evidence of scope creep or expansion beyond the treaty obligations and the enabling provisions of the parent Act."},"complexity_factors":["Short, single-purpose document (approximately 400 words)","No defined terms section – all language is ordinary English or standard military abbreviations (EOD, DMEO, ADF)","Simple conditional structure: broad prohibition with enumerated exceptions (four specific purposes)","No cross-references to other legislation beyond the parent Act (Anti-Personnel Mines Convention Act 1998)","Flat structure without nested exceptions or complex logical operators","Single operational context (retention of mines) with clear scope limitations"],"plain_english_summary":"This instrument sets out when and why the Australian Defence Force may retain a limited number of anti‑personnel mines consistent with Australia’s obligations under the Ottawa Convention. It governs ADF personnel, Defence scientists, and Australian troops serving with coalition partners, clarifying who may handle live mines and under what circumstances.\n\nIts purpose is to allow narrowly defined retention for legitimate training, disposal, demonstration and research needs while preventing prohibited use, transfer or stockpiling and ensuring treaty compliance."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This instrument does not amend the Act; it prescribes decision‑making principles under the Act’s delegated power (subsection 8(3)). It narrows permissible retention to specified purposes (demining/EOD, training, demonstration, research), allocates who may handle or acquire mines (ADF units, DSTO, approved contractors), and affirms applicability of Australian law in coalition operations. Functionally, it clarifies and constrains retention and handling rather than expanding statutory scope or creating new prohibitions."},"complexity_factors":["Cross-reference to international obligation (Ottawa Convention) and domestic Act authority (subsection 8(3)) creates multi-source legal context","Key terms left open to interpretation: “sufficient stock”, “likely to be involved”, and scope of “approved contracted research organisations”","Operational discretion for Defence in determining permitted retention levels and authorised personnel handling mines","Procedural link to Minister for Foreign Affairs consultation (not exhaustively described) introduces an administrative step","Coalition operations clause requires legal assessment of applicable rules when operating with partners not party to the Ottawa Convention"],"plain_english_summary":"This instrument, made under subsection 8(3) of the Anti‑Personnel Mines Convention Act 1998, sets decision‑making principles for when and how the Australian Defence Force may retain or handle anti‑personnel mines. It confines retention to demining, EOD/DMEO, training, demonstration and research; restricts handling to units likely to be involved; permits DSTO and approved contractors to acquire replicas for testing; and confirms ADF personnel remain subject to Australian law in coalition operations. It matters because it clarifies authorised uses, who decides, and stockholding for training and research."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/anti-personnel-mines-convention-act-1998-decision-making-principles-governing-the-retention-of-anti-","history":"/api/acts/anti-personnel-mines-convention-act-1998-decision-making-principles-governing-the-retention-of-anti-/history","analysis":"/api/acts/anti-personnel-mines-convention-act-1998-decision-making-principles-governing-the-retention-of-anti-/analysis","conflicts":"/api/acts/anti-personnel-mines-convention-act-1998-decision-making-principles-governing-the-retention-of-anti-/conflicts","importantCases":"/api/acts/anti-personnel-mines-convention-act-1998-decision-making-principles-governing-the-retention-of-anti-/important-cases","documents":"/api/acts/anti-personnel-mines-convention-act-1998-decision-making-principles-governing-the-retention-of-anti-/documents"}}