Document ID: chunk:federal_register_of_legislation:C2007A00003:clause:1_8:p2
Version: federal_register_of_legislation:C2007A00003
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 2/8)
Character Range: 7501–10391

authorised under section 72.18, 72.19, 72.20, 72.21, 72.22 or 72.23.

Penalty: Imprisonment for 2 years.

 (2) The fault element for paragraph (1)(b) is recklessness.

 (3) Strict liability applies to paragraphs (1)(c) and (d).

Note 1: For the marking requirements, see section 72.33.

Note 2: For defences, see section 72.16.

72.16  Defences

 (1) If:
 (a) a person is charged with an offence against section 72.12, 72.13, 72.14 or 72.15; and
 (b) the prosecution alleges that the plastic explosive breached a particular marking requirement;
it is a defence if the defendant proves that he or she had no reasonable grounds for suspecting that the plastic explosive breached that marking requirement.

Note 1: A defendant bears a legal burden in relation to the matter in subsection (1) (see section 13.4).

Note 2: For the marking requirements, see section 72.33.

 (2) If:
 (a) a person is charged with an offence against section 72.12, 72.13 or 72.15; and
 (b) the prosecution alleges that the plastic explosive breached the second marking requirement;
it is a defence if the defendant proves that, at the time of the alleged offence:
 (c) the plastic explosive contained a detection agent; and
 (d) the concentration of the detection agent in the plastic explosive was not less than the minimum manufacture concentration for the detection agent; and
 (e) the detection agent was homogenously distributed throughout the plastic explosive.

Note 1: A defendant bears a legal burden in relation to the matter in subsection (2) (see section 13.4).

Note 2: For the marking requirements, see section 72.33.

Note 3: For minimum manufacture concentration, see section 72.34.

72.17  Packaging requirements for plastic explosives

 (1) A person commits an offence if:
 (a) the person manufactures a substance; and
 (b) the substance is a plastic explosive; and
 (c) within 24 hours after the manufacture of the plastic explosive, the person does not cause the plastic explosive to be contained, enclosed or packaged in a wrapper with:
 (i) the expression "PLASTIC EXPLOSIVE" (in upper‑case lettering); and
 (ii) the date of manufacture of the plastic explosive; and
 (iii) if the plastic explosive is of a prescribed type—that type; and
 (iv) if the plastic explosive contains a detection agent for the purpose of meeting the first marking requirement—the name of the detection agent; and
 (v) if the plastic explosive contains a detection agent for the purpose of meeting the first marking requirement—the concentration of the detection agent in the plastic explosive at the time of manufacture, expressed as a percentage by mass;
  legibly displayed on the outer surface of the wrapper.

Penalty: Imprisonment for 2 years.

 (2) The fault element for paragraphs (1)(b) and (c) is recklessness.

72.18  Authorisation for research etc.

Authorisation

 (1) A responsible Minister may, by