Document ID: chunk:federal_register_of_legislation:C2016C00464:section:8
Version: federal_register_of_legislation:C2016C00464
Segment Type: section
Provision Reference: s 8
Character Range: 10938–12595

8  Defence Minister may grant permission to retain anti‑personnel mines for the development of, and training in, mine detection techniques etc.

Grant of permission
 (1) The Defence Minister may, by writing, grant permission for specified anti‑personnel mines to:
 (a) be placed under, on or near the ground or other surface area; or
 (b) be possessed; or
 (c) be produced or otherwise acquired; or
 (d) be physically moved; or
 (e) be the subject of a transfer of ownership or control;
for the purposes of the development of, and training in, any or all of the following:
 (f) anti‑personnel mine detection techniques;
 (g) anti‑personnel mine clearance techniques;
 (h) anti‑personnel mine destruction techniques;
 (i) anti‑personnel mine deactivation techniques.
Note: For specification by class, see subsection 33(3AB) of the Acts Interpretation Act 1901.
 (2) The Defence Minister must ensure that the total number of anti‑personnel mines that are the subject of permissions under subsection (1) does not exceed the minimum number absolutely necessary for the purposes of the development of, and training in, any or all of the techniques referred to in that subsection.

Decision‑making principles
 (3) The Defence Minister must, by legislative instrument, formulate principles to be complied with by the Defence Minister in exercising the power conferred by subsection (1).
 (4) Before formulating the principles under subsection (3), the Defence Minister must consult the Minister administering this Act.
 (5) In exercising the power conferred by subsection (1), the Defence Minister must comply with the principles formulated under subsection (3).