7Offence to place, possess, develop, produce, acquire, stockpile or transfer anti‑personnel mines

7 Offence to place, possess, develop, produce, acquire, stockpile or transfer anti‑personnel mines

Offence (1) A person commits an offence if: (a) the person places an anti‑personnel mine under, on or near the ground or other surface area; or (b) the person is knowingly in the possession of an anti‑personnel mine; or (c) the person develops, produces or otherwise acquires an anti‑personnel mine; or (d) the person stockpiles anti‑personnel mines; or (e) the person physically moves an anti‑personnel mine; or (f) the person transfers ownership or control of an anti‑personnel mine, whether directly or indirectly, to another person.

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.

Exceptions (2) Subsection (1) does not apply to: (a) the placement, possession, production, acquisition, physical movement or transfer of ownership or control of an anti‑personnel mine in accordance with a permission in force under section 8; or (b) the possession, acquisition, physical movement or transfer of ownership or control of an anti‑personnel mine for the purpose of its destruction or permanent deactivation; or (c) the possession, acquisition, physical movement or transfer of ownership or control of an anti‑personnel mine by a person in the course of the person’s duties as a member of the Australian Defence Force, or as a police officer, for: (i) the purpose of the conduct of criminal proceedings; or (ii) the purpose of rendering the mine harmless.

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

(3) Subsection (1) does not apply to anything done by way of the mere participation in operations, exercises or other military activities conducted in combination with an armed force that: (a) is an armed force of a country that is not a party to the Convention; and (b) engages in an activity prohibited under the Convention.

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

(4) Subsection (3) applies to operations, exercises or other military activities, whether or not conducted under the auspices of the United Nations. Extraterritorial operation (5) This section extends outside Australia, but does not apply in relation to any person outside Australia unless that person is: (a) an Australian citizen; or (b) a member of the Australian Defence Force.