1 Short title
This Act may be cited as the Anti-Personnel Mines Convention Act 1998.
(1) Subject to subsection (2), this Act commences on a day to be fixed by Proclamation, being a day not earlier than the day on which the Convention enters into force for Australia.
(2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which the Convention enters into force for Australia, it commences on the first day after the end of that period.
3 Simplified outline
The following is a simplified outline of this Act:
• It is an offence to place, possess, develop, produce, acquire, stockpile or transfer anti-personnel mines.
• If a fact-finding mission to Australia is authorised under the Convention, the Minister must appoint each member of the mission as an inspector. Inspectors may enter premises, and exercise powers of inspection, for the purpose of finding out whether the Convention has been complied with.
• The Minister may require a person to give information that is relevant to Australia’s reporting obligations under the Convention.
In this Act, unless the contrary intention appears:
Note: A mine that has been permanently deactivated is not an anti-personnel mine since it is not capable of incapacitating, injuring or killing a person.
Australia, when used in a geographical sense, includes the external Territories.
Convention means the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction (a copy of the English text of which is set out in Schedule 1), as amended by any amendment of the Convention that has entered into force for Australia (a copy of the English text of which is set out in the regulations).
inspector means a person appointed as an inspector under section 12.
mine means a munition (other than a command-detonated munition) designed, intended or altered so as:
occupier, in relation to premises, includes a person present at the premises who is in apparent control of the premises.
police officer means:
(1) This Act binds the Crown in each of its capacities.
(2) This Act does not make the Crown liable to be prosecuted for an offence.
6 External Territories
This Act extends to all the external Territories.
References: International Treaties and Documents
Ottawa Treaty on Landmines 1997 : Arts. 1 and 9 .