No. 126, 1998
Compilation No. 7
Compilation date: 10 March 2016
Includes amendments up to: Act No. 4, 2016
Registered: 16 May 2016
About this compilation
This compilation
This is a compilation of the Anti-Personnel Mines Convention Act 1998 that shows the text of the law as amended and in force on 10 March 2016 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Introduction
1 Short title
2 Commencement
3 Simplified outline
4 Definitions
5 Crown to be bound
6 External Territories
Part 2--Offences relating to anti-personnel mines
7 Offence to place, possess, develop, produce, acquire, stockpile or transfer anti-personnel mines
8 Defence Minister may grant permission to retain anti-personnel mines for the development of, and training in, mine detection techniques etc.
9 Offence not to deliver up anti-personnel mines
10 Destruction or deactivation of anti-personnel mines
11 Forfeiture of anti-personnel mines
Part 3--Powers of fact-finding missions
12 Appointment of inspectors
13 Conditions of appointment as an inspector
14 Powers available to inspectors for monitoring compliance
15 Inspector must produce identity card on request
16 General powers of inspectors in relation to premises
17 Details of warrant to be given to occupier etc.
18 Announcement before entry
19 Occupier entitled to be present during search
20 Monitoring warrants
21 Offences relating to warrants
Part 4--Information-gathering powers
22 Minister may obtain information and documents from persons
23 Copying documents--reasonable compensation
24 Self-incrimination
25 Giving false or misleading information
26 Provision of false or misleading documents
27 Copies of documents
28 Minister may retain documents
Part 5--Miscellaneous
29 Delegation by Minister or Defence Minister
30 Privileges and immunities
31 Powers to be exercised in accordance with Convention
32 Offences
33 Compensation for acquisition of property
34 Regulations
Schedule 1--Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on their Destruction
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation "(md)" added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation "(md not incorp)" is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
Anti-Personnel Mines Convention Act 1998 | 126, 1998 | 21 Dec 1998 | 1 July 1999 (see Gazette 1999, No. S288) |
|
Public Employment (Consequential and Transitional) Amendment Act 1999 | 146, 1999 | 11 Nov 1999 | Schedule 1 (items 98, 99): 5 Dec 1999 (see s. 2(1) and Gazette 1999, No. S584) | -- |
as amended by |
|
|
|
|
63, 2002 | 3 July 2002 | Schedule 2 (items 18, 19): 5 Dec 1999 (s 2(1) items 47, 48) | -- | |
5, 2011 | 22 Mar 2011 | Schedule 5 (items 10-15), Schedule 6 (items 5, 6) and Schedule 7 (item 17): 19 Apr 2011 | -- | |
46, 2011 | 27 June 2011 | Schedule 2 (items 73, 74) and Schedule 3 (items 10, 11): 27 Dec 2011 | Sch 3 (items 10, 11) | |
103, 2013 | 29 June 2013 | Schedule 1 (item 17) and Schedule 3 (items 23, 24, 343): Royal Assent | Sch 3 (item 343) | |
4, 2016 | 11 Feb 2016 | Sch 4 (items 1, 15-19): 10 Mar 2016 (s 2(1) item 6) | -- |
|
|
|
Provision affected | How affected | |
Part 1 |
| |
s. 4..................... | am. No. 5, 2011 | |
Part 2 |
| |
s 7..................... | am No 4, 2016 | |
Heading to s. 8............. | am. No. 5, 2011 | |
s. 8..................... | am. No. 5, 2011; No. 103, 2013 | |
Note to s. 8(1)............. | am. No. 46, 2011 | |
s 9..................... | am No 4, 2016 | |
Part 3 |
| |
s. 12.................... | am. No. 5, 2011; No 4, 2016 | |
s. 13.................... | am. No. 5, 2011 | |
Note to s. 13(3)............. | am. No. 46, 2011 | |
Note to s. 13(4)............. | am. No. 46, 2011 | |
s 16.................... | am No 4, 2016 | |
s 21.................... | am No 4, 2016 | |
Part 4 |
| |
s 22.................... | am No 4, 2016 | |
s 25.................... | am No 4, 2016 | |
s 26.................... | am No 4, 2016 | |
Part 5 |
| |
Heading to s. 29............ | am. No. 5, 2011 | |
Subhead. to s. 29(3).......... | am. No. 5, 2011 | |
s. 29.................... | am. No. 146, 1999 (as am. by No. 63, 2002); No. 5, 2011 | |