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 ).