Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698846781813.pdf (New Zealand)
Terrorism Suppression Amendment Act 2003 Public Act Date of assent 2003 No 106 30 October 2003 Contents Title Commencement Purpose of this Act Interpretation New headings and sections 13A to 13D inserted Harbouring or concealing terrorists 13A Harbouring or concealing terrorists Offences relating to plastic explosives and nuclear materials 13B 13C Offences involving use and movement of unmarked plastic explosives Offences involving physical protection of nuclear material Importation, acquisition, possession, or control of radioactive material 13D Importation, acquisition, etc, of radioactive material 6 7 Offences also apply in certain cases outside New Zealand New section 18 substituted Page 3 3 3 3 4 4 5 6 7 7 7 1 Terrorism Suppression Amendment Act 2003 2003 No 106 18 Offences also apply to acts outside New Zealand if alleged offender is in New Zealand and is not extradited New section 29A inserted 29A New heading and sections 47A to 47G inserted Changes of description of designated entities Customs’ powers in relation to certain property 47A 47B 47C 47D 47E 47F Detention of goods suspected to be terrorist property Return of cash necessary to satisfy essential human needs Further provisions about detention under section 47A Return of goods detained under section 47A Extension of 7­day period in section 47D(1)(a) Custody of certain goods detained under section 47A Offences in relation to certain detained goods 47G Certiﬁcates as to States Parties under Conventions Application of sections 64 and 65
 Attorney­General to indicate to relevant States Parties whether New Zealand to exercise jurisdiction Attorney­General to notify relevant States Parties if person taken into custody Attorney­General’s consent to prosecutions required Offences deemed to be included in extradition treaties New Schedules 2A and 2B inserted Schedule 3 amended Consequential amendment to Mutual Assistance in Criminal Matters Act 1992 Schedule amended to refer to Nuclear Material Convention Schedule New Schedules 2A and 2B inserted No 106 Terrorism Suppression Amendment Act 2003 s 4 The Parliament of New Zealand enacts as follows: 1 (1) (2) 2 (1) (2) 3 “(iv) “(v) Title This Act is the Terrorism Suppression Amendment Act 2003.
In this Act, the Terrorism Suppression Act 2002 is called “the principal Act”.
Commencement Sections 3 to 18 and the Schedule come into force on a date to be appointed by the Governor­General by Order in Council; and (a) one or more Orders in Council may appoint different dates for different provisions; and in the case of a provision inserting or substituting 2 or more provisions in an Act other than this Act, one or more Orders in Council may appoint different dates for different provisions inserted or substituted.
(b) The rest of this Act comes into force on the day after the date on which it receives the Royal assent.
Purpose of this Act Section 3(b) of the principal Act is amended by adding the following subparagraphs: the Nuclear Material Convention; and the Plastic Explosives Convention.” 4 (1) Interpretation Section 4 of the principal Act is amended by inserting, in their appropriate alphabetical order, the following deﬁnitions: “duly authorised military device means an explosive article, in­ cluding, but not restricted to, a shell, bomb, projectile, mine, missile, rocket, shaped charge, grenade, and perforator, manufactured exclu­ sively for lawful military or police purposes and approved for those purposes by the Environmental Risk Management Authority “manufacture means any process, including reprocessing, that pro­ duces plastic explosives “nuclear material has the same meaning as in Article 1(a) of the Nuclear Material Convention 3 s 5 Terrorism Suppression Amendment Act 2003 2003 No 106 “Nuclear Material Convention means the Convention on the Phys­ ical Protection of Nuclear Material, done at New York and Vienna on 3 March 1980, a copy of the English text of which is set out in Schedule 2A “nuclear material offence means an offence against section 13C “plastic explosives means explosive products, including explosives in ﬂexible or elastic sheet form, formulated with 1 or more high ex­ plosives that, in their pure form, have a vapour pressure less than 10­4 Pa at a temperature of 25°C; and are formulated with a binder material and are, as a mixture, malleable or ﬂexible at room tempera­ ture “Plastic Explosives
 Convention means the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1 March 1991, a copy of the English text of which is set out in Schedule 2B “radioactive material has the same meaning as in section 2(1) of the Radiation Protection Act 1965 “unmarked, in relation to a plastic explosive, means that has not had introduced into it at manufacture, in accordance with the technical annex to the Plastic Explosives Convention, a detection agent listed in Part 2 of
 that annex.” (2) Section 4 of the principal Act is amended by adding the fol­ lowing subsection: “(3) Terms and expressions used and not deﬁned in this Act but deﬁned in the Nuclear Material Convention, the Plastic Explo­ sives Convention, or the Technical Annex to the Plastic Explo­ sives Convention have the same meaning as in those Conven­ tions and Annex, unless the context otherwise requires.” 5 New headings and sections 13A to 13D inserted The principal Act is amended by inserting, after section 13, the following headings and sections: “Harbouring or concealing terrorists “13A Harbouring or concealing terrorists “(1) A person commits an offence who, with the intention of as­ sisting another person to avoid arrest, escape lawful custody, or avoid conviction, harbours or conceals that person,— 4 2003 No 106 Terrorism Suppression Amendment Act 2003 s 5 “(a) knowing, or being reckless as to whether, that person intends to carry out a terrorist act; or “(b) knowing, or being reckless as to whether, that person has carried out a terrorist act.
“(2) A person who commits an offence against subsection (1) is liable on conviction on indictment to a term of imprisonment not exceeding 7 years.
“Offences relating to plastic explosives and nuclear materials “13B Offences involving use and movement of unmarked plastic explosives “(1) A person commits an offence and is liable on conviction on indictment to a term of imprisonment not exceeding 10 years or a ﬁne not exceeding $500,000, or both, who— “(a) possesses, uses, or manufactures unmarked plastic ex­ plosives, knowing they are unmarked; or imports or exports unmarked plastic explosives to or from New Zealand, knowing they are unmarked.
“(b) “(2) Subsection (1) does not apply in respect of unmarked plas­ tic explosives (not being explosives to which subsection (3) applies) that were lawfully manufactured in, or imported into New Zealand before the commencement of this section and that may, subject to the Hazardous Substances and New Or­ ganisms Act 1996, be transported or possessed by— “(a) a person who performs military or police functions dur­ ing the period that begins with the entry into force of this section and ends 15 years later; or any other person during the period that begins with the entry into force of this section and ends 3 years later.
“(b) “(3) Nothing in this section applies to unmarked plastic explo­ sives— “(a) that are manufactured or held in limited quantities for sole use in any of the following activities that are duly approved by the Environmental Risk Management Au­ thority: “(i) research, development, or testing of new or modiﬁed explosives; or 5 s 5 Terrorism Suppression Amendment Act 2003 2003 No 106 “(b) “(ii) training in explosives detection or testing of ex­ plosives detection equipment; or “(iii) forensic science activities; or that are destined to be, and are incorporated as, an in­ tegral part of a duly authorised military device in New Zealand within 3 years after the date on which this sec­ tion comes into force.
“13C Offences involving physical protection of nuclear material “(1) A person commits an offence who,— “(a) without lawful authority, receives, possesses, uses, transfers, alters, disposes of, or disperses nuclear ma­ terial, knowing it is nuclear material, and— “(i) that causes death, injury, or disease to any person or substantial damage to property; or “(ii) with intent to cause, or being reckless as to whether it causes death, injury, or disease to any person or substantial damage to property; or commits theft, as deﬁned in section 219 of the Crimes Act 1961, of nuclear material knowing that it was nu­ clear material; or fraudulently obtains nuclear material, knowing that it was nuclear material; or “(b) “(c) “(d) makes a demand for nuclear material by threat, or by use of force, or by any other form of intimidation with intent to steal it; or “(e) with intent to intimidate, threatens to use nuclear ma­ terial to cause— “(i) “(ii) death, injury, or disease to any person; or substantial damage to any property; or “(f) with intent to compel any person, international organ­ isation, or State to do, or refrain from doing, any act, threatens to steal nuclear material.
“(2) A person who commits an offence against subsection (1) is liable on conviction on indictment to imprisonment for a term not exceeding 10 years, or a ﬁne not exceeding $500,000, or both.
6 2003 No 106 Terrorism Suppression Amendment Act 2003 s 8 “Importation, acquisition, possession, or control of radioactive material “13D Importation, acquisition, etc, of radioactive material A person commits an offence and is liable on conviction on indictment to a term of imprisonment not exceeding 10 years who imports, acquires, possesses, or has control over any radioactive material with intent to use it to commit an offence involving bodily injury, or the threat of violence, to any person.” 6 7 Offences also apply in certain cases outside New Zealand Section 14(1) of the principal Act is amended by inserting, after the words “sections 7 to 13”, the words “and 13B to 13D”.
New section 18 substituted The principal Act is amended by repealing section 18, and substituting the following section: “18 Offences also apply to acts outside New Zealand if alleged offender is in New Zealand and is not extradited Even if the acts alleged to constitute the offence occurred wholly outside New Zealand, proceedings may be brought for terrorist bombing, ﬁnancing of terrorism, or a nuclear material offence if the person to be charged has been found in New Zealand and has not been extradited.” 8 New section 29A inserted The principal Act is amended by inserting, after section 29, the following section: “29A Changes of description of designated entities “(1) If satisﬁed that an entity designated under section 22 should have a description other than that under which the entity was designated (or than the description stated in the most recent notice under this subsection relating to the entity), the Prime Minister may, by signing a written notice to that effect, state a new description for the entity.
“(2) The notice must identify the entity by reference to— its most recent description; and “(a) 7 s 9 Terrorism Suppression Amendment Act 2003 2003 No 106 “(b) the notice in the Gazette in which that description was stated.

“(3) Sections 23(e) and 23(f) apply to the notice as if it were a des­ ignation under section 22; and section 28(2) applies accord­ ingly.
“(4) The stating of the new description does not affect the designa­ tion of the entity and (in particular) does not affect the appli­ cation of section 35(1) to it.” 9 (1) New heading and sections 47A to 47G inserted The principal Act is amended by inserting, after section 47, the following heading and sections: “Customs’ powers in relation to certain property “47A Detention of goods suspected to be terrorist property “(1) A Customs ofﬁcer or authorised person may, without warrant, seize and detain goods if— “(a) the goods came to his or her attention, or into his or her possession, during a search, inspection, audit, or examination under— “(i) “(ii) Part 5 of the Financial Transactions Reporting Act 1996 (which relates to reporting of imports and exports of cash); and the Customs and Excise Act 1996; or “(b) “(c) the goods are in New Zealand and he or she is satisﬁed that they either— “(i) are being, or are intended to be, exported from New Zealand; or are being, or have been, Zealand; and imported into New “(ii) he or she has good cause to suspect— “(i) that the goods are property of any kind owned or controlled, directly or indirectly, by an entity; and that the entity is an entity designated under sec­ tion 20 or section 22 of this Act as a terrorist or associated entity; or “(d) he or she has good cause to suspect— “(ii) 8 2003 No 106 Terrorism Suppression Amendment Act 2003 s 9 “(2) “(i) “(ii) that the goods are cash or cash equivalents owned or controlled, directly or indirectly, by an entity; and that the entity is an entity eligible for designation under section 20 or section 22 of this Act as a terrorist or associated entity.
In this section and sections 47B to 47G,— “authorised person, Chief Executive, the Customs, Cus­ toms ofﬁcer or ofﬁcer, exportation, goods, and importation have the meanings given to them in section 2(1) of the Cus­ toms and Excise Act 1996 “cash equivalents includes (without limitation) bearer bonds, gemstones, money orders, postal notes, precious metals, and travellers cheques.
“47B Return of cash necessary to satisfy essential human needs “(1) The power to detain goods under section 47A does not extend to, and the Customs must if practicable return immediately, cash seized under section 47A if the Customs is satisﬁed that the cash is (or that things for which it might be exchanged are) necessary to satisfy the essential human needs— “(a) of (or of a dependant of) an individual from whom the cash has been seized; and arising on, or within 7 days after, the date on which the detention would otherwise be effected.
“(b) “(3) “(2) Nothing in subsection (1) requires the Customs to return any cash that the Customs is satisﬁed is not necessary for the pur­ pose speciﬁed in that subsection.

If the 7­day period referred to in section 47D(1)(a) is extended under section 47E, subsection (1) applies to the extension, and the reference in subsection (1)(b) to 7 days must be read as a reference to the number of days (not exceeding 21) of that 7­day period as extended.
“47C Further provisions about detention under section 47A “(1) Reasonable force may be used if it is necessary for any of the following purposes: “(a) to seize goods under section 47A: 9 s 9 “(2) Terrorism Suppression Amendment Act 2003 2003 No 106 to detain goods under section 47A.
“(b) If the person from whom goods have been seized and detained under section 47A is identiﬁed but is not present when the seizure and detention occurs (for example, because the goods concerned are in mail or cargo or in unaccompanied baggage), the Customs must make all reasonable efforts to notify that person of the detention and seizure as soon as practicable.
“(3) Goods detained under section 47A must be taken to such place of security as a Customs ofﬁcer or authorised person directs, and there detained, unless section 47F applies.

“(4) Section 175 of the Customs and Excise Act 1996 (which pro­ tects persons acting under authority of that Act) applies, with all necessary modiﬁcations, in relation to the exercise of a power under any of sections 47A to 47F of this Act.
“(5) Nothing in section 47A limits or affects powers under the fol­ lowing Acts: “(a) Customs and Excise Act 1996: “(b) Financial Transactions Reporting Act 1996: “(c) Mutual Assistance in Criminal Matters Act 1992: “(d) Proceeds of Crime Act 1991.
“47D Return of goods detained under section 47A “(1) In this section, investigation period, in relation to goods seized and detained under section 47A,— “(a) means the period of 7 days after the date on which the “(b) goods were seized and detained; and includes any extension of that period granted by the High Court under section 47E.
“(2) Goods seized and detained under section 47A must be returned to the person from whom they were seized as soon as practic­ able after whichever of the following occurs ﬁrst: “(a) the completion of all relevant investigations, if they show either— “(i) that the goods are not property of the kind re­ ferred to in section 47A(1)(c)(i) or (d)(i); or that the entity is not an entity of the kind referred to in section 47A(1)(c)(ii) or (d)(ii): “(ii) “(b) the expiry of the investigation period.
10 2003 No 106 Terrorism Suppression Amendment Act 2003 s 9 “(3) However, the Customs need not return the goods as provided in subsection (2), and may continue to detain them pending a direction by the Prime Minister under section 48 that the Ofﬁ­ cial Assignee take custody and control of them, if the Customs is advised by, or on behalf of, the Prime Minister— “(a) that the goods are property of any kind owned or con­ trolled, directly or indirectly, by an entity; and that the entity is an entity designated under section 20 or section 22 as a terrorist or associated entity.
“(b) “47E Extension of 7­day period in section 47D(1)(a) “(1) The 7­day period in section 47D(1)(a) may be extended (once only) by order of the High Court for a reasonable period up to a further 14 days if, on an application for the purpose made before the expiry of that 7­day period, that Court is satisﬁed— that the good cause to suspect required by section “(a) 47A(1)(c) or (d) exists; and that the extension to be granted is necessary to enable investigations in or outside New Zealand in relation to the goods or entity to be completed.
“(b) “(2) The application must be made in writing and served on the person from whom the goods were seized (if that person can be identiﬁed and located), and must include the following par­ ticulars: “(a) “(b) “(c) a description of the goods detained: the date on which the detention commenced: a statement of the facts supporting the good cause to suspect required by section 47A(1)(c) or (d); and a statement of reasons why the extension sought is necessary to enable investigations in or outside New Zealand in relation to the goods or entity to be com­ pleted.
“(d) “(3) The person from whom the goods were seized is entitled to appear and be heard on the application.

“(4) The Customs must make all reasonable efforts to notify the person from whom the goods were seized, at least 24 hours before the hearing of the application, of the time and place of that hearing.
11 s 9 Terrorism Suppression Amendment Act 2003 2003 No 106 “47F Custody of certain goods detained under section 47A “(1) If goods detained under section 47A are a craft, vehicle, or ani­ mal, a Customs ofﬁcer may leave those goods in the custody of either— “(a) “(b) the person from whom the goods have been seized; or any other person authorised by the Customs ofﬁcer and who consents to having such custody.
“(2) Every person who has the custody of goods under subsection (1) must, until a ﬁnal decision is made under section 47D as to whether or not they are to be returned, hold them in safekeep­ ing, without charge to the Crown and in accordance with any reasonable conditions that may be imposed by the Customs.
“(3) A person to whom subsection (2) applies must also— “(a) make the goods available to a Customs ofﬁcer on re­ quest; and “(b) not alter, or dispose of, or remove the goods from New Zealand, unless he or she is authorised to do so by a Customs ofﬁcer; and return the goods on demand to the custody of the Cus­ toms.
“(c) “Compare: 1996 No 27 s 226(7), (8) “47G Offences in relation to certain detained goods “(1) Every person commits an offence who, having custody of goods pursuant to section 47F(1), acts in breach of any re­ quirement of, or imposed pursuant to, section 47F(2) or (3).

“(2) Every person who commits an offence against subsection (1) is liable on summary conviction to a ﬁne not exceeding $5,000.
“(3) Every person commits an offence who, without the permission of the Chief Executive, takes or carries away or otherwise con­ verts to his or her own use goods to which section 47F(2) and (3) applies.

“(4) Every person who commits an offence against subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 12 months, or to a ﬁne not exceeding an amount equal to 3 times the value of the goods to which the offence relates.
“Compare: 1996 No 27 s 215.” 12 2003 No 106 Terrorism Suppression Amendment Act 2003 s 14 (2) 10 11 (1) (2) 12 13 14 Sections 15 and 19 of the principal Act are consequentially amended by inserting, after the expression “section 47”, the words “or section 47G”.
Certiﬁcates as to States Parties under Conventions Section 62 of the principal Act is amended by omitting the words “Bombings Convention or, as the case requires, under the Financing Convention”, and substituting the words “Bombings Convention, the Nuclear Material Convention, or the Plastic Explosives Con­ vention”.
the Financing Convention, Application of sections 64 and 65 Section 63(1) of the principal Act is amended by adding the words “or, as the case requires, article 7 of the Nuclear Mater­ ial Convention”.

Section 63(2)(a) of the principal Act is amended by inserting, after the words “article 7(1) or (2) of the Financing Conven­ tion”, the words “or, as the case requires, article 8 of the Nu­ clear Material Convention”.
Attorney­General to indicate to relevant States Parties whether New Zealand to exercise jurisdiction Section 64 of the principal Act is amended by inserting, af­ ter the words “article 9(1) of the Financing Convention”, the words “or, as the case requires, article 9 of the Nuclear Mater­ ial Convention”.
Attorney­General to notify relevant States Parties if person taken into custody Section 65 of the principal Act is amended by inserting, after the words “article 9 of the Financing Convention”, the words “or, as the case requires, article 9 of the Nuclear Material Con­ vention”.

Attorney­General’s consent to prosecutions required Section 67(3) of the principal Act is amended by adding the words “or section 47G”.
13 s 15 Terrorism Suppression Amendment Act 2003 2003 No 106 15 (1) Offences deemed to be included in extradition treaties Section 69 of the principal Act is amended by repealing sub­ section (1), and substituting the following subsection: “(1) For the purposes of the Extradition Act 1999 and any Order in Council in force under section 15 or section 104 of that Act, terrorist bombing, ﬁnancing of terrorism, and any nuclear material offence are each, if not already described in the treaty, deemed to be an offence described in any extradition treaty concluded before the relevant date and for the time being in force between New Zealand and any country that is a party to any of the following conventions, or to which any of the following conventions extends: “(a) “(b) “(c) Section 69 of the principal Act is amended by repealing sub­ section (3), and substituting the following subsection: “(3) Subsection (2) does not prevent the person from being surren­ dered for an offence (other than terrorist bombing, ﬁnancing of terrorism, or a nuclear material offence) described in the ex­ tradition treaty and constituted by conduct that also constitutes or may constitute terrorist bombing, ﬁnancing of terrorism, or a nuclear material offence.” Section 69 of the principal Act is amended by repealing sub­ section (4), and substituting the following subsection: In this section, relevant date,— “(a) the Bombings Convention; or the Financing Convention; or the Nuclear Material Convention.” “(4) (2) (3) in relation to terrorist bombing or ﬁnancing of terrorism, means 5 December 2002; and in relation to a nuclear material offence, the date on which this section enters into force in relation to that offence.” “(b) New Schedules 2A and 2B inserted The principal Act is amended by inserting, after Schedule 2, the Schedules 2A and 2B set out in the Schedule.
Schedule 3 amended Schedule 3 of the principal Act is amended by adding the fol­ lowing paragraph: 16 17 14 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule “(9) Convention on the Physical Protection of Nuclear Material, done at New York and Vienna, 3 March 1980.” 18 Consequential amendment to Mutual Assistance in Criminal Matters Act 1992 Schedule amended to refer to Nuclear Material Convention The Schedule of the Mutual Assistance in Criminal Matters Act 1992 is amended by inserting, in its appropriate numerical order, the following row: 27 The Convention on the Physical Protection of Nuclear Materials done at Vienna on 26 October 1979.
An offence against the following section of the Terrorism Suppression Act 2002: subject matter sec­ tion 13C offences involving the physical protection of nuclear materials Schedule New Schedules 2A and 2B inserted Schedule 2A Convention on the Physical Protection of Nuclear Material s 16 Preamble Done at Vienna, 3 March 1980 THE STATES PARTIES to this Convention, RECOGNIZING the right of all States to develop and apply nuclear energy for peaceful purposes and their legitimate interests in the po­ 15 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2A—continued tential beneﬁts to be derived from the peaceful application of nuclear energy, CONVINCED of the need for facilitating international co­operation in the peaceful application of nuclear energy, DESIRING to avert the potential dangers posed by the unlawful tak­ ing and use of nuclear material.
CONVINCED that offences relating to nuclear material are a matter of grave concern and that there is an urgent need to adopt appropriate and effective measures to ensure the prevention, detection and pun­ ishment of such offences, AWARE OF THE NEED for international co­operation to establish, in conformity with the national law of each State Party and with this Convention, effective measures for the physical protection of nuclear material, CONVINCED that this Convention should facilitate the safe transfer of nuclear material.
STRESSING also the importance of the physical protection of nu­ clear material in domestic use.

storage and transport, RECOGNIZING the importance of effective physical protection of nuclear material used for military purposes, and understanding that such material is and will continue to be accorded stringent physical protection.
HAVE AGREED as follows: ARTICLE 1 For the purposes of this Convention: a b that ‘nuclear material’ means plutonium except with isotopic concentration exceeding 80% in plu­ tonium­238; uranium­233; uranium enriched in the isotopes 235 or 233; uranium containing the mixture of isotopes as occurring in nature other than in the form of ore or ore­residue; any material containing one or more of the foregoing; ‘uranium enriched in the isotope 235 or 233’ means ura­ nium containing the isotopes 235 or 233 or both in an amount such that the abundance ratio of the sum of these 16 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule Schedule 2A—continued c isotopes to the isotope 238 is greater than the ratio of the isotope 235 to the isotope 238 occurring in nature; ‘international nuclear transport’ means the carriage of a consignment of nuclear material by any means of trans­ portation intended to go beyond the territory of the State where the shipment originates beginning with the depar­ ture from a facility of the shipper in that State and end­ ing with the arrival at a facility of the receiver within the State of ultimate destination.
ARTICLE 2 1 2 3 ARTICLE 3 This Convention shall apply to nuclear material used for peaceful purposes while in international nuclear trans­ port.

With the exception of articles 3 and 4 and paragraph 3 of article 5, this Convention shall also apply to nuclear material used for peaceful purposes while in domestic use, storage and transport.
Apart from the commitments expressly undertaken by States Parties in the articles covered by paragraph 2 with respect to nuclear material used for peaceful purposes while in domestic use, storage and transport, nothing in this Convention shall be interpreted as affecting the sovereign rights of a State regarding the domestic use, storage and transport of such nuclear material.
Each State Party shall take appropriate steps within the framework of its national law and consistent with inter­ national law to ensure as far as practicable that, during international nuclear transport, nuclear material within its territory, or on board a ship or aircraft under its juris­ diction insofar as such ship or aircraft is engaged in the transport to or from that State, is protected at the levels described in Annex I.
17 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2A—continued Each State Party shall not export or authorize the ex­ port of nuclear material unless the State Party has re­ ceived assurances that such material will be protected during the international nuclear transport at the levels described in Annex I.
Each State Party shall not import or authorize the import of nuclear material from a State not party to this Con­ vention unless the State Party has received assurances that such material will during the international nuclear transport be protected at the levels described in Annex I.
A State Party shall not allow the transit of its territory by land or internal waterways or through its airports or seaports of nuclear material between States that are not parties to this Convention unless the State Party has re­ ceived assurances as far as practicable that this nuclear material will be protected during international nuclear transport at the levels described in Annex I.
Each State Party shall apply within the framework of its national law the levels of physical protection described in Annex I to nuclear material being transported from a part of that State to another part of the same State through international waters or airspace.
The State Party responsible for receiving assurances that the nuclear material will be protected at the levels described in Annex I according to paragraphs 1 to 3 shall identify and inform in advance States which the nuclear material is expected to transit by land or internal waterways, or whose airports or seaports it is expected to enter.
The responsibility for obtaining assurances referred to in paragraph 1 may be transferred, by mutual agree­ ment, to the State Party involved in the transport as the importing State.

ARTICLE 4 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule Schedule 2A—continued 7 Nothing in this article shall be interpreted as in any way affecting the territorial sovereignty and jurisdiction of a State, including that over its airspace and territorial sea.
ARTICLE 5 1 2 States Parties shall identify and make known to each other directly or through the International Atomic En­ ergy Agency their central authority and point of contact having responsibility for physical protection of nuclear material and for coordinating recovery and response op­ erations in the event of any unauthorized removal, use or alteration of nuclear material or in the event of cred­ ible threat thereof.

(2).
(2).

In the case of theft, robbery or any other unlawful taking of nuclear material or of credible threat thereof, States Parties shall, in accordance with their national law, provide co­operation and assistance to the maxi­ mum feasible extent in the recovery and protection of such material to any State that so requests.
In particu­ lar: a each State Party shall take appropriate steps to in­ form as soon as possible other States, which ap­ pear to it to be concerned, of any theft, robbery or other unlawful taking of nuclear material or credible threat thereof and to inform, where ap­ propriate, international organizations: as appropriate, the States Parties concerned shall exchange information with each other or inter­ national organizations with a view to protect­ ing threatened nuclear material, verifying the in­ tegrity of the shipping container, or recovering unlawfully taken nuclear material and shall: i co­ordinate their efforts through diplo­ matic and other agreed channels: render assistance, if requested; ii b 19 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2A—continued iii ensure the return of nuclear material stolen or missing as a consequence of the above­ mentioned events.
The means of implementation of this co­oper­ ation shall be determined by the States Parties concerned.

3 States Parties shall co­operate and consult as appropri­ ate, with each other directly or through international or­ ganizations, with a view to obtaining guidance on the design, maintenance and improvement of systems of physical protection of nuclear material in international transport.
ARTICLE 6 1 2 ARTICLE 7 1 20 States Parties shall take appropriate measures consis­ tent with their national law to protect the conﬁdential­ ity of any information which they receive in conﬁdence by virtue of the provisions of this Convention from an­ other State Party or through participation in an activity carried out for the implementation of this Convention.
If States Parties provide information to international or­ ganizations in conﬁdence, steps shall be taken to ensure that the conﬁdentiality of such information is protected.

States Parties shall not be required by this Convention to provide any information which they are not permitted to communicate pursuant to national law or which would jeopardize the security of the State concerned or the physical protection of nuclear material.
The intentional commission of: a an act without lawful authority which constitutes the receipt, possession, use, transfer, alteration, disposal or dispersal of nuclear material and which causes or is likely to cause death or ser­ ious injury to any person or substantial damage to property; 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule Schedule 2A—continued b c d e f g a theft or robbery of nuclear material; an embezzlement or fraudulent obtaining of nu­ clear material; an act constituting a demand for nuclear material by threat or use of force or by any other form of intimidation; a threat: i to use nuclear material to cause death or serious injury to any person or substantial property damage, or to commit an offence described in sub­ paragraph (b) in order to compel a natural or legal person, international organization or State to do or to refrain from doing any act; ii an attempt to commit any offence described in paragraphs (a), (b) or (c); and an act which constitutes participation in any of­ fence described in paragraphs (a) to (f)— shall be made a punishable offence by each State Party under its national law.
2 Each State Party shall make the offences described in this article punishable by appropriate penalties which take into account their grave nature.

ARTICLE 8 1 Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in article 7 in the following cases: a when the offence is committed in the territory of that State or on board a ship or aircraft registered in that State; when the alleged offender is a national of that State.
b 2 Each State Party shall likewise take such measures as may be necessary to establish its jurisdiction over these offences in cases where the alleged offender is present 21 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2A—continued 3 4 in its territory and it does not extradite him pursuant to article 11 to any of the States mentioned in paragraph 1.

This Convention does not exclude any criminal juris­ diction exercised in accordance with national law.
In addition to the States Parties mentioned in paragraphs 1 and 2, each State Party may, consistent with inter­ national law, establish its jurisdiction over the offences set forth in article 7 when it is involved in international nuclear transport as the exporting or importing State.
ARTICLE 9 Upon being satisﬁed that the circumstances so warrant, the State Party in whose territory the alleged offender is present shall take appropriate measures, including de­ tention, under its national law to ensure his presence for the purpose of prosecution or extradition.

Measures taken according to this article shall be notiﬁed without delay to the States required to establish jurisdiction pur­ suant to article 8 and, where appropriate, all other States concerned.
ARTICLE 10 The State Party in whose territory the alleged offender is present shall, if it does not extradite him, submit, with­ out exception whatsoever and without undue delay, the case to its competent authorities for the purpose of pros­ ecution, through proceedings in accordance with the laws of that State.

ARTICLE 11 1 The offences in article 7 shall be deemed to be included as extraditable offences in any extradition treaty exist­ ing between States Parties.
States Parties undertake to include those offences as extraditable offences in every future extradition treaty to be concluded between them.
22 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule 2 3 4 Schedule 2A—continued If a State Party which makes extradition conditional on the existence of a treaty receives a request for extradi­ tion from another State Party with which it has no ex­ tradition treaty, it may at its option consider this Con­ vention as the legal basis for extradition in respect of those offences.

Extradition shall be subject to the other conditions provided by the law of the requested State.
States Parties which do not make extradition condi­ tional on the existence of a treaty shall recognize those offences as extraditable offences between themselves subject to the conditions provided by the law of the re­ quested State.
Each of the offences shall be treated, for the purpose of extradition between States Parties, as if it had been committed not only in the place in which it occurred but also in the territories of the States Parties required to establish their jurisdiction in accordance with paragraph 1 of article 8.

ARTICLE 12 Any person regarding whom proceedings are being carried out in connection with any of the offences set forth in article 7 shall be guaranteed fair treatment at all stages of the proceedings.
ARTICLE 13 1 States Parties shall afford one another the greatest meas­ ure of assistance in connection with criminal proceed­ ings brought in respect of the offences set forth in art­ icle 7, including the supply of evidence at their disposal necessary for the proceedings.

The law of the State re­ quested shall apply in all cases.
The provisions of paragraph 1 shall not affect obliga­ tions under any other treaty, bilateral or multilateral, which governs or will govern, in whole or in part, mu­ tual assistance in criminal matters.

2 23 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2A—continued ARTICLE 14 1 2 3 (1).

Each State Party shall inform the depositary of its laws and regulations which give effect to this Conven­ tion.
The depositary shall communicate such informa­ tion periodically to all States Parties.

(2).

The State Party where an alleged offender is pros­ ecuted shall, wherever practicable, ﬁrst communicate the ﬁnal outcome of the proceedings to the States di­ rectly concerned.

The State Party shall also communi­ cate the ﬁnal outcome to the depositary who shall in­ form all States.

(3).
(3).

Where an offence involves nuclear material used for peaceful purposes in domestic use, storage or trans­ port, and both the alleged offender and the nuclear ma­ terial remain in the territory of the State Party in which the offence was committed, nothing in this Convention shall be interpreted as requiring that State Party to pro­ vide information concerning criminal proceeding aris­ ing out of such an offence.
ARTICLE 15 The Annexes constitute an integral part of this Conven­ tion A conference of States Parties shall be convened by the depositary ﬁve years after the entry into force of this Convention to review the implementation of the Con­ vention and its adequacy as concerns the preamble, the whole of the operative part and the annexes in the light of the then prevailing situation.
At intervals of not less than ﬁve years thereafter, the majority of States Parties may obtain, by submitting a proposal to this effect to the depositary, the convening of further conferences with the same objective.
ARTICLE 16 1 2 24 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule Schedule 2A—continued ARTICLE 17 1 In the event of a dispute between two or more States Parties concerning the interpretation or application of this Convention, such States Parties shall consult with a view to the settlement of the dispute by negotiation, or by any other peaceful means of settling disputes ac­ ceptable to all parties to the dispute.
Any dispute of this character which cannot be settled in the manner prescribed in paragraph 1 shall, at the re­ quest of any party to such dispute, be submitted to ar­ bitration or referred to the International Court of Just­ ice for decision.
Where a dispute is submitted to arbi­ tration, if, within six months from the date of the re­ quest, the parties to the dispute are unable to agree on the organization of the arbitration, a party may request the President of the International Court of Justice or the Secretary­General of the United Nations to appoint one or more arbitrators.

In case of conﬂicting requests by the parties to the dispute, the request to the Secre­ tary­General of the United Nations shall have priority.
Each State Party may at the time of signature, ratiﬁca­ tion, acceptance or approval of this Convention or ac­ cession thereto declare that it does not consider itself bound by either or both of the dispute settlement pro­ cedures provided for in paragraph 2.

The other States Parties shall not be bound by a dispute settlement pro­ cedure provided for in paragraph 2, with respect to a State Party which has made a reservation to that pro­ cedure.
Any State Party which has made a reservation in ac­ cordance with paragraph 3 may at any time withdraw that reservation by notiﬁcation to the depositary.

2 3 4 ARTICLE 18 1 (1).

This Convention shall be open for signature by all States at the Headquarters of the International Atomic Energy Agency in Vienna and at the Headquarters of the 25 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2A—continued 2 3 United Nations in New York from 3 March 1980 until its entry into force.

(2).
(2).

This Convention is subject to ratiﬁcation, accept­ ance or approval by the signatory States.

(3).

After its entry into force, this Convention will be open for accession by all States.
a This Convention shall be open for signature or accession by international organizations and re­ gional organizations of an integration or other na­ ture, provided that any such organization is con­ stituted by sovereign States and has competence in respect of the negotiation, conclusion and ap­ plication of international agreements in matters covered by this Convention.
In matters within their competence, such organ­ izations shall, on their own behalf, exercise the rights and fulﬁll the responsibilities which this Convention attributes to States Parties.

When becoming party to this Convention such an organization shall communicate to the depositary a declaration indicating which States are mem­ bers thereof and which articles of this Conven­ tion do not apply to it Such an organization shall not hold any vote ad­ ditional to those of its Member States.
b c d 4 Instruments of ratiﬁcation, acceptance, approval or ac­ cession shall be deposited with the depositary.

ARTICLE 19 1 2 26 This Convention shall enter into force on the thirtieth day following the date of deposit of the twenty ﬁrst in­ strument of ratiﬁcation, acceptance or approval with the depositary.
For each State ratifying, accepting, approving or acced­ ing to the Convention after the date of deposit of the twenty ﬁrst instrument of ratiﬁcation, acceptance or ap­ proval, the Convention shall enter into force on the thir­ 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule Schedule 2A—continued tieth day after the deposit by such State of its instrument of ratiﬁcation, acceptance, approval or accession.
ARTICLE 20 1 Without prejudice to article 16 a State Party may pro­ pose amendments to this Convention.

The proposed amendment shall be submitted to the depositary who shall circulate it immediately to all States Parties.

If a majority of States Parties request the depositary to convene a conference to consider the proposed amend­ ments, the depositary shall invite all States Parties to attend such a conference to begin not sooner than thirty days after the invitations are issued.
Any amendment adopted at the conference by a two­thirds majority of all States Parties shall be promptly circulated by the de­ positary to all States Parties.

The amendment shall enter into force for each State Party that deposits its instrument of ratiﬁcation, accept­ ance or approval of the amendment on the thirtieth day after the date on which two thirds of the States Parties have deposited their instruments of ratiﬁcation, accept­ ance or approval with the depositary.
Thereafter, the amendment shall enter into force for any other State Party on the day on which that State Party deposits its instrument of ratiﬁcation, acceptance or approval of the amendment.

ARTICLE 21 1 Any State Party may denounce this Convention by writ­ ten notiﬁcation to the depositary.

Denunciation shall take effect one hundred and eighty days following the date on which notiﬁcation is re­ ceived by the depositary.
ARTICLE 22 The depositary shall promptly notify all States of: each signature of this Convention; a 27 2 2 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2A—continued b c d e f g each deposit of an instrument of ratiﬁcation, ac­ ceptance, approval or accession: any reservation or withdrawal in accordance with article 17; (d).
any communication made by an organization in accordance with paragraph 4(c) of article 18; the entry into force of this Convention; the entry into force of any amendment to this Convention; and any denunciation made under article 21.
ARTICLE 23 The original of this Convention, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Director General of the International Atomic Energy Agency who shall send certiﬁed copies thereof to all States.

IN WITNESS WHEREOF, the undersigned, being duly authorized, have signed this Convention, opened for signature at Vienna and at New York on 3 March 1980.
Annex I Levels of Physical Protection to be Applied in International Transport of Nuclear Material as Categorized in Annex II 1 b Levels of physical protection for nuclear material during stor­ age incidental to international nuclear transport include: a For Category III materials, storage within an area to which access is controlled; For Category II materials, storage within an area under constant surveillance by guards or electronic devices, surrounded by a physical barrier with a limited number of points of entry under appropriate control or any area with an equivalent level of physical protection; For Category I material, storage within a protected area as deﬁned for Category II above, to which, in addition, access is restricted to persons whose trustworthiness has been deter­ 2 28 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule Schedule 2A—continued mined, and which is under surveillance by guards who are in close communication with appropriate response forces.
Spe­ ciﬁc measures taken in this context should have as their object the detection and prevention of any assault, unauthorized ac­ cess or unauthorized removal of material.
Levels of physical protection for nuclear material during inter­ national transport include: a For Category II and III materials, transportation shall take place under special precautions including prior ar­ rangements among sender, receiver, and carrier, and prior agreement between natural or legal persons sub­ ject to the jurisdiction and regulation of exporting and importing States, specifying time, place and procedures for transferring transport responsibility; For Category I materials, take place under special precautions identiﬁed above for transportation of Category II and III materials, and in addition, under constant surveillance by escorts and under conditions which assure close communication with appropriate response forces; For natural uranium other than in the form of ore or ore residue transportation protection for quantities ex­ ceeding 500 kilograms U shall include advance notiﬁca­ tion of shipment specifying mode of transport, expected time of arrival and conﬁrmation of receipt of shipment.
transportation shall b c Annex 2 All plutonium except that with isotopic concentration exceed­ ing 80% in plutonium­238.

Material not irradiated in a reactor or material irradiated in a reactor but with a radiation level equal to or less than 100 reds/hour at one metre unshielded.
Quantities not falling in Category III and natural uranium should be protected in accordance with prudent management practice, 29 3 a b c Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2A—continued d e Although this level of protection is recommended, it would be open to States, upon evaluation of the speciﬁc circumstances, to assign a different category of physical protection.
Other fuel which by virtue of its original ﬁssile material con­ tent is classiﬁed as Category I and II before irradiation may be reduced one category level while the radiation level from the fuel exceeds 100 reds/hour at one metre unshielded.
Schedule 2B Convention on the Marking of Plastic Explosives for the Purpose of Detection s 16 Preamble DONE AT MONTREAL, ON 1 MARCH 1991 THE STATES PARTIES to this Convention, CONSCIOUS of the implications of acts of terrorism for inter­ national security; EXPRESSING deep concern regarding terrorist acts aimed at de­ struction of aircraft, other means of transportation and other targets; CONCERNED that plastic explosives have been used for such ter­ rorist acts; CONSIDERING that the marking of such explosives for the purpose of detection would contribute signiﬁcantly to the prevention of such unlawful acts; RECOGNIZING that for the purpose of deterring such unlawful acts there is an urgent need for an international instrument obliging States to adopt appropriate measures to ensure that plastic explosives are duly marked; CONSIDERING United Nations Security Council Resolution 635 of 14 June 1989, and United Nations General Assembly Resolution 44/29 of 4 December 1989 urging the International Civil Aviation Or­ ganization to intensify its work on devising an international regime for the marking of plastic or sheet explosives for the purpose of de­ tection; 30 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule Schedule 2B—continued BEARING IN MIND Resolution A27­8 adopted unanimously by the 27th Session of the Assembly of the International Civil Aviation Or­ ganization which endorsed with the highest and overriding priority the preparation of a new international instrument regarding the mark­ ing of
 plastic or sheet explosives for detection; NOTING with satisfaction the role played by the Council of the Inter­ national Civil Aviation Organization in the preparation of the Con­ vention as well as its willingness to assume functions related to its implementation; HAVE AGREED as follows: Article 1 For the purposes of this Convention: ‘Explosives’ mean explosive products, commonly known as plastic explosives, including explosives in ﬂexible or elastic sheet form, as described in the Tech­ nical Annex to this Convention.
‘Detection agent’ means a substance as described in the Technical Annex to this Convention which is introduced into an explosive to render it detectable.

‘Marking’ means introducing into an explosive a detec­ tion agent in accordance with the Technical Annex to this Convention.

‘Manufacture’ means any process, including reprocess­ ing, that produces explosives.
‘Duly authorized military devices’ include, but are not restricted to, shells, bombs, projectiles, mines, missiles, rockets, shaped charges, grenades and perfo­ rators manufactured exclusively for military or police purposes according to the laws and regulations of the State Party concerned.

‘Producer State’ means any State in whose territory ex­ plosives are manufactured.
31 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2B—continued Each State Party shall take the necessary and effective measures to prohibit and prevent the manufacture in its territory of unmarked explosives.

Each State Party shall take the necessary and effective measures to prohibit and prevent the movement into or out of its territory of unmarked explosives.
The preceding paragraph shall not apply in respect of movements for purposes not inconsistent with the ob­ jectives of this Convention, by authorities of a State Party performing military or police functions, of un­ marked explosives under the control of that State Party in accordance with paragraph 1 of Article IV.
Each State Party shall take the necessary measures to exercise strict and effective control over the posses­ sion and transfer of possession of unmarked explosives which have been manufactured in or brought into its ter­ ritory prior to the entry into force of this Convention in respect of that State, so as to prevent their diversion or use for purposes inconsistent with the objectives of this Convention.
Each State Party shall take the necessary measures to ensure that all stocks of those explosives referred to in paragraph 1 of this Article not held by its authorities performing military or police functions are destroyed or consumed for purposes not inconsistent with the object­ ives of this Convention, marked or rendered perman­ ently ineffective, within a period of three years from the entry into force of this Convention in respect of that State.
Each State Party shall take the necessary measures to ensure that all stocks of those explosives referred to in Article 2 Article 3 1 2 Article 4 1 2 3 32 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule Schedule 2B—continued paragraph 1 of this Article held by its authorities per­ forming military or police functions and that are not in­ corporated as an integral part of duly authorized mili­ tary devices are destroyed or consumed for purposes not inconsistent with the objectives of this Convention, marked or rendered permanently ineffective, within a period of ﬁfteen years from the entry into force of this Convention in respect of that State.
Each State Party shall take the necessary measures to ensure the destruction, as soon as possible, in its ter­ ritory of unmarked explosives which may be discov­ ered therein and which are not referred to in the pre­ ceding paragraphs of this Article, other than stocks of unmarked explosives held by its authorities performing military or police functions and incorporated as an inte­ gral part of duly authorized military devices at the date of the entry into force of this Convention in respect of that State.
Each State Party shall take the necessary measures to exercise strict and effective control over the possession and transfer of possession of the explosives referred to in paragraph 2 of Part 1 of the Technical Annex to this Convention so as to prevent their diversion or use for purposes inconsistent with the objectives of this Con­ vention.
Each State Party shall take the necessary measures to ensure the destruction, as soon as possible, in its ter­ ritory of unmarked explosives manufactured since the coming into force of this Convention in respect of that State that are not incorporated as speciﬁed in paragraph 2(d) of Part 1 of the Technical Annex to this Conven­ tion and of unmarked explosives which no longer fall within the scope of any other subparagraphs of the said paragraph 2.
4 5 [6] 33 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2B—continued Article 5 Article 6 1 2 3 34 1.
There is established by this Convention an Inter­ national Explosives Technical Commission (hereinafter referred to as ‘the Commission’) consisting of not less than ﬁfteen nor more than nineteen members appointed by the Council of the International Civil Aviation Organization (hereinafter referred to as ‘the Council’) from among persons nominated by States Parties to this Convention.

2.
2.

The members of the Commission shall be experts having direct and substantial experience in matters re­ lating to the manufacture or detection of, or research in, explosives.

3.

Members of the Commission shall serve for a period of three years and shall be eligible for re­appointment.

Sessions of the Commission shall be convened, at least once a year at the Headquarters of the International Civil Aviation Organization, or at such places and times as may be directed or approved by the Council.
The Commission shall adopt its rules of procedure, sub­ ject to the approval of the Council.

The Commission shall evaluate technical developments relating to the manufacture, marking and detection of explosives.

The Commission, through the Council, shall report its ﬁndings to the States Parties and international organiza­ tions concerned.

Whenever necessary, the Commission shall make rec­ ommendations to the Council for amendments to the Technical Annex to this Convention.
The Commission shall endeavour to take its decisions on such recommen­ dations by consensus.

In the absence of consensus the Commission shall take such decisions by a two­thirds majority vote of its members.

2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule Schedule 2B—continued [4] The Council may, on the recommendation of the Com­ mission, propose to States Parties amendments to the Technical Annex to this Convention.
Article 7 Any State Party may, within ninety days from the date of notiﬁcation of a proposed amendment to the Tech­ nical Annex to this Convention, transmit to the Coun­ cil its comments.

The Council shall communicate these comments to the Commission as soon as possible for its consideration.

The Council shall invite any State Party which comments on or objects to the proposed amend­ ment to consult the Commission.
The Commission shall consider the views of States Parties made pursuant to the preceding paragraph and report to the Council.

The Council, after consideration of the Commission’s report, and taking into account the nature of the amendment and the comments of States Parties, including producer States, may propose the amendment to all States Parties for adoption.
If a proposed amendment has not been objected to by ﬁve or more States Parties by means of written notiﬁca­ tion to the Council within ninety days from the date of notiﬁcation of the amendment by the Council, it shall be deemed to have been adopted, and shall enter into force one hundred and eighty days thereafter or after such other period as speciﬁed in the proposed amend­ ment for States Parties not having expressly objected thereto.
States Parties having expressly objected to the proposed amendment may, subsequently, by means of the de­ posit of an instrument of acceptance or approval, ex­ press their consent to be bound by the provisions of the amendment.

If ﬁve or more States Parties have objected to the pro­ posed amendment, the Council shall refer it to the Com­ mission for further consideration.
35 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2B—continued 6 If the proposed amendment has not been adopted in ac­ cordance with paragraph 3 of this Article, the Council may also convene a conference of all States Parties.

Article 8 1 2 Article 9 Article 10 Article 11 1 36 States Parties shall, if possible, transmit to the Council information that would assist the Commission in the discharge of its functions under paragraph 1 of Article VI.
States Parties shall keep the Council informed of meas­ ures they have taken to implement the provisions of this Convention.

The Council shall communicate such in­ formation to all States Parties and international organ­ izations concerned.
The Council shall, in co­operation with States Parties and international organizations concerned, take appro­ priate measures to facilitate the implementation of this Convention, including the provision of technical assist­ ance and measures for the exchange of information re­ lating to technical developments in the marking and de­ tection of explosives.

The Technical Annex to this Convention shall form an integral part of this Convention.
Any dispute between two or more States Parties con­ cerning the interpretation or application of this Conven­ tion which cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration.
If within six months from the date of the request for ar­ bitration the Parties are unable to agree on the organ­ ization of the arbitration, any one of those Parties may 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule Schedule 2B—continued 2 3 refer the dispute to the International Court of Justice by request in conformity with the Statute of the Court.
Each State Party may, at the time of signature, ratiﬁca­ tion, acceptance or approval of this Convention or ac­ cession thereto, declare that it does not consider itself bound by the preceding paragraph.

The other States Parties shall not be bound by the preceding paragraph with respect to any State Party having made such a reservation.

Any State Party having made a reservation in accord­ ance with the preceding paragraph may at any time withdraw this reservation by notiﬁcation to the Depos­ itary.
Article 12 Article 13 1 2 Except as provided in Article XI no reservation may be made to this Convention.

This Convention shall be open for signature in Montreal on 1 March 1991 by States participating in the Inter­ national Conference on Air Law held at Montreal from 12 February to 1 March 1991.
After 1 March 1991 the Convention shall be open to all States for signature at the Headquarters of the International Civil Aviation Or­ ganization in Montreal until it enters into force in ac­ cordance with paragraph 3 of this Article.

Any State which does not sign this Convention may accede to it at any time.

This Convention shall be subject to ratiﬁcation, ac­ ceptance, approval or accession by States.
Instruments of ratiﬁcation, acceptance, approval or accession shall be deposited with the International Civil Aviation Or­ ganization, which is hereby designated the Depositary.

When depositing its instrument of ratiﬁcation, accept­ ance, approval or accession, each State shall declare whether or not it is a producer State.
37 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 3 4 5 Schedule 2B—continued This Convention shall enter into force on the sixtieth day following the date of deposit of the thirty­ﬁfth in­ strument of ratiﬁcation, acceptance, approval or acces­ sion with the Depositary, provided that no fewer than ﬁve such States have declared pursuant to paragraph 2 of this Article that they are producer States.
Should thirty­ﬁve such instruments be deposited prior to the de­ posit of their instruments by ﬁve producer States, this Convention shall enter into force on the sixtieth day fol­ lowing the date of deposit of the instrument of ratiﬁca­ tion, acceptance, approval or accession of the ﬁfth pro­ ducer State.

For other States, this Convention shall enter into force sixty days following the date of deposit of their instru­ ments of ratiﬁcation, acceptance, approval or accession.
As soon as this Convention comes into force, it shall be registered by the Depositary pursuant to Article 102 of the Charter of the United Nations and pursuant to Art­ icle 83 of the Convention on International Civil Avi­ ation (Chicago, 1944).
Article 14 The Depositary shall promptly notify all signatories and States Parties of: 1 2 each signature of this Convention and date thereof; each deposit of an instrument of ratiﬁcation, accept­ ance, approval or accession and date thereof, giving special reference to whether the State has identiﬁed it­ self as a producer State; the date of entry into force of this Convention; the date of entry into force of any amendment to this Convention or its Technical Annex; any denunciation made under Article XV; and any declaration made under paragraph 2 of Article XI.
3 4 5 6 38 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule Schedule 2B—continued Article 15 1 2 Any State Party may denounce this Convention by writ­ ten notiﬁcation to the Depositary.

Denunciation shall take effect one hundred and eighty days following the date on which notiﬁcation is re­ ceived by the Depositary.

IN WITNESS WHEREOF the undersigned Plenipotentiaries, being duly authorized thereto by their Governments, have signed this Con­ vention.
DONE at Montreal, this ﬁrst day of March, one thousand nine hun­ dred and ninety­one, in one original, drawn up in ﬁve authentic texts in the English, French, Russian, Spanish and Arabic languages.

TECHNICAL ANNEX 1 DESCRIPTION OF EXPLOSIVES 1 2 The explosives referred to in paragraph 1 of Article 1 of this Convention are those that: .
are formulated with one or more high explosives which in their pure form have a vapour pressure less than 10­4 Pa at a temperature of 25­C; are formulated with a binder material; and are, as a mixture, malleable or ﬂexible at normal room temperature.
a b The following explosives, even though meeting the descrip­ tion of explosive in paragraph 1 of this Part, shall not be con­ sidered to be explosives as long as they continue to be held or used for the purposes speciﬁed below or remain incorporated as there speciﬁed, namely those explosive that: a are manufactured, or held, in limited quantities solely for use in duly authorized research, development or test­ ing of new or modiﬁed explosives; are manufactured, or held, in limited quantities solely for use in duly authorized training in explosives detec­ b 39 Schedule Terrorism Suppression Amendment Act 2003 2003 No 106 Schedule 2B—continued 1—continued c d tion and/or development or testing of explosives detec­ tion equipment; are manufactured, or held, in limited quantities solely for duly authorized forensic science purposes; or are destined to be and are incorporated as an integral part of duly authorized military devices in the territory of the producer State within three years after the coming into force of this Convention in respect of that State.
Such devices produced in this period of three years shall be deemed to be duly authorized military devices within paragraph 4 of Article 4 of this Convention.

In this Part: .
‘duly authorized’ in paragraph 2 (a), (b) and (c) means permitted according to the laws and regulations of the State Party concerned; and ‘high explosives’ include but are not restricted to cyclotetramethylenetetran­ itramine (HMX), pentaerythritol tetranitrate (PETN) and cyclotrimethylenetrinitramine (RDX) 3 2 DETECTION AGENTS The present version of the Conventions and Protocols might differ slightly from the consolidated ofﬁcial English versions which were by end of November 2000 ­ not available to TPB in electronic form.
Please contact the Codiﬁcation Division of the UN Ofﬁce of Legal Affairs (United Nations, Room S­3450 A, New York, N.Y. 10017, USA) for the ofﬁcial versions in English and other ofﬁcial UN lan­ guages.
Name of detection agent Molecular formula Molecular weight Ethylene glycol dinitrate (EGDN) C2H4(NO3)2 152 Minimum concentra­ tion 0.2% by mass 40 2003 No 106 Terrorism Suppression Amendment Act 2003 Schedule 2B—continued 2—continued Name of detection agent Molecular formula Molecular weight 2,3­Dimethyl­ 2,3dinitrobutane (DMNB) para­Monon­ itrololuene (p­MNT) ortho­ Mononitrolouene (o­MNT) C6H12(NO2)2 176 C7H7NO2 137 C7H7NO2 137 Minimum concentra­ tion 0.1% by mass 0.5% by mass 0.5% by mass Any explosive which, as a result of its normal formulation contains any of the designated dectection agents at or above the required min­ imum concentration level shall be deemed to be marked.
21 October 2003 Legislative history Divided from Counter­Terrorism Bill (Bill 27­2), third reading 41