Document ID: chunk:federal_register_of_legislation:C2007A00003:clause:1_8:p5
Version: federal_register_of_legislation:C2007A00003
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 5/8)
Character Range: 15603–18482

by writing, authorise:
 (a) the manufacture of an unmarked plastic explosive after the commencement of this section; or
 (b) the trafficking in an unmarked plastic explosive manufactured after the commencement of this section; or
 (c) the possession of an unmarked plastic explosive manufactured after the commencement of this section.

 (3) A responsible Minister must not give an authorisation under subsection (2) in relation to an unmarked plastic explosive unless the responsible Minister is satisfied that the plastic explosive is exclusively for use in connection with:
 (a) the operation of the Australian Defence Force; or
           (b) the operation in Australia of a visiting force (within the meaning of the Defence (Visiting Forces) Act 1963); or
 (c) the operation of:
 (i) the Australian Federal Police; or
 (ii) the police force or police service of a State or Territory.

Conditions and restrictions

 (4) An authorisation under subsection (2) is subject to such conditions and restrictions as are specified in the authorisation.

Sunset

 (5) This section ceases to have effect at the end of 6 months after its commencement.

72.22  Authorisation for overseas defence purposes—7 day limit

 (1) A member of the Australian Defence Force is authorised to possess, import or traffic in an unmarked plastic explosive if:
 (a) the plastic explosive was obtained in the course of the operation outside Australia of the Australian Defence Force; and
 (b) the member believes on reasonable grounds that there is insufficient time to obtain an authorisation under this Subdivision because of:
 (i) an emergency; or
 (ii) any other sudden or unexpected circumstances.

 (2) An authorisation under subsection (1) ceases to have effect at the end of the seventh day after the day on which the plastic explosive was obtained.

72.23  Authorisation for overseas Australian Federal Police purposes—7 day limit

 (1) A member of the Australian Federal Police is authorised to possess, import or traffic in an unmarked plastic explosive if:
 (a) the plastic explosive was obtained in the course of the operation outside Australia of the Australian Federal Police; and
 (b) the member believes on reasonable grounds that there is insufficient time to obtain an authorisation under this Subdivision because of:
 (i) an emergency; or
 (ii) any other sudden or unexpected circumstances.

 (2) An authorisation under subsection (1) ceases to have effect at the end of the seventh day after the day on which the plastic explosive was obtained.

72.24  Forfeited plastic explosives

 (1) If a court:
 (a) convicts a person of an offence against this Subdivision in relation to a plastic explosive; or
 (b) makes an order under section 19B of the Crimes Act 1914 in respect of a person charged with an offence against this Subdivision in relation to a plastic explosive;
the court