Document ID: chunk:federal_register_of_legislation:C2012A00114:clause:1_1:p4
Version: federal_register_of_legislation:C2012A00114
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 4/4)
Character Range: 10136–12227

law of that country governing any of the armed forces of that country.

72.43  Forfeiture of cluster munition
 (1) This section applies if a court:
 (a) convicts someone of an offence against subsection 72.38(1); or
 (b) makes an order under section 19B of the Crimes Act 1914 relating to an offence against subsection 72.38(1).
Note: The expression offence against subsection 72.38(1) is given an extended meaning by subsections 11.2(1) and 11.2A(1), section 11.3 and subsection 11.6(2).
 (2) The court may order forfeiture to the Commonwealth of any cluster munition involved in the offence.
 (3) A cluster munition ordered to be forfeited to the Commonwealth becomes the Commonwealth's property.

72.44  Application of this Subdivision to explosive bomblets
  This Subdivision applies in relation to explosive bomblets in the same way as it applies in relation to cluster munitions.

72.45  Definitions
  In this Subdivision:
cluster munition has the meaning given by paragraph 2 of Article 2 of the Convention on Cluster Munitions.
Convention on Cluster Munitions means the Convention on Cluster Munitions done at Dublin on 30 May 2008.
Note: In 2012, the text of the Convention was accessible through the Australian Treaties Library on the AustLII website (www.austlii.edu.au).
explosive bomblet has the meaning given by paragraph 13 of Article 2 of the Convention on Cluster Munitions.
explosive submunition has the meaning given by paragraph 3 of Article 2 of the Convention on Cluster Munitions.
police officer means:
 (a) a member of the Australian Federal Police (within the meaning of the Australian Federal Police Act 1979); or
 (b) a special member of the Australian Federal Police (within the meaning of that Act); or
 (c) a member (however described) of a police force of a State or Territory.
transfer has the meaning given by paragraph 8 of Article 2 of the Convention on Cluster Munitions.
Note: Imports and exports are some examples of transfers.

[Minister's second reading speech made in—
House of Representatives on 27 October 2010
Senate on 22 November 2010]
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