Document ID: chunk:federal_register_of_legislation:C2012A00114:clause:1_1:p2
Version: federal_register_of_legislation:C2012A00114
Segment Type: clause
Provision Reference: sch 1 cl 1 (pt 2/4)
Character Range: 5201–8037

instrument.
 (5) The Minister described in subsection (2) may delegate his or her power under that subsection to:
 (a) the Secretary of the Department administered by that Minister; or
 (b) an SES employee in that Department.
Note: For the definition of SES employee see the Acts Interpretation Act 1901.

72.40  Defence—transfer for destruction etc.

Transfer to foreign party to Convention on Cluster Munitions
 (1) Section 72.38 does not apply to the transfer of a cluster munition to a party to the Convention on Cluster Munitions for one or more of the following purposes:
 (a) the development of, and training in, cluster munition and explosive submunition detection, clearance or destruction techniques;
 (b) the development of cluster munition counter‑measures;
 (c) the destruction of the munition.
Note 1: A defendant bears an evidential burden in relation to the matter in subsection (1): see subsection 13.3(3).
Note 2: This subsection relates to paragraph 7 of Article 3 of the Convention on Cluster Munitions.

Intended transfer to Australian Defence Force
 (2) Subsections (3) and (4) have effect if:
 (a) a person has a cluster munition; and
 (b) the person gives notice to a police officer or member of the Australian Defence Force that the person wishes to transfer the munition to a member of the Australian Defence Force or other Commonwealth public official; and
 (c) the person gives notice without delay after the first time the person has the cluster munition after the commencement of this subsection.
 (3) Subsection 72.38(1) does not apply to the person stockpiling or retaining the cluster munition at any time before the person transfers it to a member of the Australian Defence Force or other Commonwealth public official.
 (4) Subsection 72.38(1) does not apply to the person transferring the cluster munition to a member of the Australian Defence Force or other Commonwealth public official.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) and whichever of subsections (3) and (4) is relevant: see subsection 13.3(3).

72.41  Defence—acts by Australians in military cooperation with countries not party to Convention on Cluster Munitions
  A person who is an Australian citizen, is a member of the Australian Defence Force or is performing services under a Commonwealth contract does not commit an offence against section 72.38 by doing an act if:
 (a) the act is done in the course of military cooperation or operations with a foreign country that is not a party to the Convention on Cluster Munitions; and
 (b) the act is not connected with the Commonwealth:
 (i) using a cluster munition; or
 (ii) developing, producing or otherwise acquiring a cluster munition; or
 (iii) stockpiling or retaining a cluster munition; or
 (iv) transferring a cluster munition;