Document ID: chunk:federal_register_of_legislation:C2025C00060:section:4:p2
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 4 (pt 2/44)
Character Range: 176008–178784

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.
possess a substance includes the following:
 (a) receive or obtain possession of the substance;
 (b) have control over the disposition of the substance (whether or not the substance is in the custody of the person);
 (c) have joint possession of the substance.
responsible Minister means:
 (a) the AFP Minister; or
 (b) the Minister for Defence.
second marking requirement has the meaning given by subsection 72.33(3).
traffic in a substance means:
 (a) transfer the substance; or
 (b) offer the substance for sale; or
 (c) invite the making of offers to buy the substance; or
 (d) prepare the substance for transfer with the intention of transferring any of it or believing that another person intends to transfer any of it; or
 (e) transport or deliver the substance with the intention of transferring any of it or believing that another person intends to transfer any of it; or
 (f) guard or conceal the substance with the intention of transferring any of it or the intention of assisting another person to transfer any of it; or
 (g) possess the substance with the intention of transferring any of it.
For the purposes of paragraph (d), preparing a substance for transfer includes packaging the substance or separating the substance into discrete units.
transfer means transfer ownership or possession.
unmarked plastic explosive means a plastic explosive that breaches a marking requirement.
wrapper, in relation to a plastic explosive, means a wrapper the inner surface of which is in contact with the plastic explosive.

Subdivision C—Cluster munitions and explosive bomblets

72.37  Purpose
  The purpose of this Subdivision is to create offences relating to cluster munitions and explosive bomblets and give effect to the Convention on Cluster Munitions.

72.38  Offences relating to cluster munitions

Doing acts with a cluster munition
 (1) A person commits an offence if the person does any of the following with a cluster munition:
 (a) uses it;
 (b) develops, produces or otherwise acquires it;
 (c) stockpiles or retains it;
 (d) transfers it to anyone.
Penalty: Imprisonment for 10 years.

Promoting acts with a cluster munition
 (2) A person (the first person) commits an offence if:
 (a) the first person assists, encourages or induces another person to do any of the following acts with a cluster munition:
 (i) use it;
 (ii) develop, produce or otherwise acquire it;
 (iii) stockpile or retain it;
 (iv) transfer it to anyone; and
 (b) the other person does the act;