9Offence not to deliver up anti‑personnel mines

9 Offence not to deliver up anti‑personnel mines

Offence (1) A person commits 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).