Document ID: chunk:federal_register_of_legislation:C2007A00003:clause:1_8:p1
Version: federal_register_of_legislation:C2007A00003
Segment Type: clause
Provision Reference: sch 1 cl 8 (pt 1/8)
Character Range: 4841–7771

8  At the end of Division 72 of the Criminal Code
Add:

Subdivision B—Plastic explosives

72.11  Purpose

  The purpose of this Subdivision is to create offences relating to plastic explosives and give effect to the Convention on the Marking of Plastic Explosives.

Note: The Convention requires the introduction of detection agents into plastic explosives so as to render the explosives detectable by vapour detection means. This is known as the marking of the explosives.

72.12  Trafficking in unmarked plastic explosives etc.

 (1) A person commits an offence if:
 (a) the person traffics in a substance; and
 (b) the substance is a plastic explosive; and
 (c) the plastic explosive breaches a marking requirement; and
 (d) the trafficking is not authorised under section 72.18, 72.19, 72.20, 72.21, 72.22 or 72.23.

Penalty: Imprisonment for 10 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.

72.13  Importing or exporting unmarked plastic explosives etc.

 (1) A person commits an offence if:
 (a) the person imports or exports a substance; and
 (b) the substance is a plastic explosive; and
 (c) the plastic explosive breaches a marking requirement; and
 (d) the import or export is not authorised under section 72.18, 72.19, 72.20, 72.22 or 72.23.

Penalty: Imprisonment for 10 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.

72.14  Manufacturing unmarked plastic explosives etc.

 (1) A person commits an offence if:
 (a) the person:
 (i) engages in the manufacture of a substance; or
 (ii) exercises control or direction over the manufacture of a substance; and
 (b) the substance is a plastic explosive; and
 (c) the plastic explosive breaches the first marking requirement; and
 (d) the manufacture is not authorised under section 72.18 or 72.21.

Penalty: Imprisonment for 10 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.

72.15  Possessing unmarked plastic explosives etc.

 (1) A person commits an offence if:
 (a) the person possesses a substance; and
 (b) the substance is a plastic explosive; and
 (c) the plastic explosive breaches a marking requirement; and
 (d) the possession is not 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