Document ID: chunk:federal_register_of_legislation:C2007A00003:clause:1_4:p1
Version: federal_register_of_legislation:C2007A00003
Segment Type: clause
Provision Reference: sch 1 cl 4 (pt 1/2)
Character Range: 25883–28881

4                                                        a substance prescribed for the purposes of this table item  the concentration prescribed for the purposes of this table item in relation to the substance

72.35  Presumption as to concentration of detection agent

 (1) This section applies in relation to a prosecution for an offence against this Subdivision.

 (2) If no detection agent can be detected in a sample of a plastic explosive when tested using:
 (a) a method generally accepted in the scientific community as a reliable means of measuring the concentration of detection agents in plastic explosives; or
 (b) a method prescribed for the purposes of this paragraph;
it is presumed, unless the contrary is proved, that the plastic explosive breaches the first marking requirement.

Note: A defendant bears a legal burden in relation to proving the contrary (see section 13.4).

72.36  Definitions

  In this Subdivision:

Convention on the Marking of Plastic Explosives means:
 (a) the Convention on the Marking of Plastic Explosives for the Purpose of Detection, done at Montreal on 1 March 1991; or
 (b) if:
 (i) the Convention is amended; and
 (ii) the amendment binds Australia;
  the Convention as so amended.

Note: In 2006, the text of the Convention was accessible through the Australian Treaties Library on the AustLII Internet site (www.austlii.edu.au).

Department of Defence means the Department that deals with matters relating to defence.

detection agent has the meaning given by section 72.34.

explosive device includes the following:
 (a) a bomb;
 (b) a grenade;
 (c) a mine;
 (d) a missile;
 (e) a perforator;
 (f) a projectile;
 (g) a rocket;
 (h) a shaped charge;
 (i) a shell.

export includes take from Australia.

first marking requirement has the meaning given by subsection 72.33(2).

high explosive means an explosive with a velocity of detonation that is greater than the velocity of sound in the explosive (typically greater than 340 metres per second), and includes the following:
 (a) cyclotetramethylenetetranitramine (HMX);
 (b) pentaerythritol tetranitrate (PETN);
 (c) cyclotrimethylenetrinitramine (RDX).

import includes bring into Australia.

manufacture a substance means any process by which a substance is produced, and includes the following:
 (a) the process of transforming a substance into a different substance;
 (b) the reprocessing of a substance.

marking requirement has the meaning given by section 72.33.

minimum manufacture concentration has the meaning given by section 72.34.

Minister for Defence means the Minister administering the Defence Act 1903.

plastic explosive means an explosive product (including an explosive product in flexible or elastic sheet form) that is:
 (a) formulated with:
 (i) one or more high explosives which in their pure form have a vapour pressure less than 10¯4 Pa at a temperature of 25°C; and
 (ii) a binder material; and
 (b) as a mixture, malleable or flexible at normal room temperature.