s 72.38

Offences relating to cluster munitions

In force

Doing acts with a cluster munition

(1)

A person commits an offence if the person does any of the following with a cluster munition:

(a)

uses it;

(b)

develops, produces or otherwise acquires it;

(c)

stockpiles or retains it;

(d)

transfers it to anyone.

Penalty: Imprisonment for 10 years.

Promoting acts with a cluster munition

(2)

A person (the first person) commits an offence if:

(a)

the first person assists, encourages or induces another person to do any of the following acts with a cluster munition:

(i)

use it;

(ii)

develop, produce or otherwise acquire it;

(iii)

stockpile or retain it;

(iv)

transfer it to anyone; and

(b)

the other person does the act; and

(c)

the first person intends that the act be done.

Penalty: Imprisonment for 10 years.

Geographical jurisdiction

(3)

Section 15.2 (extended geographical jurisdiction—category B) applies to an offence against this section.

Relationship with other provisions

(4)

Division 11 does not apply in relation to an offence against subsection (2).

Note 1:

Later sections of this Subdivision set out defences.

Note 2:

This section relates to Articles 1 and 9 of the Convention on Cluster Munitions.

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