4Definitions

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).

Defence Department means the Department of State that deals with defence and that is administered by the Defence Minister.

Defence Minister means the Minister administering section 1 of the Defence Act 1903.

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.