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ANTI-PERSONNEL MINES CONVENTION ACT 1998 - SECT 8

Defence Minister may grant permission to retain anti - personnel mines for the development of, and training in, mine detection techniques etc.

Grant of permission

  (1)   The Defence Minister may, by writing, grant permission for specified anti - personnel mines to:

  (a)   be placed under, on or near the ground or other surface area ; or

  (b)   be possessed; or

  (c)   be produced or otherwise acquired; or

  (d)   be physically moved; or

  (e)   be the subject of a transfer of ownership or control;

for the purposes of the development of, and training in, any or all of the following:

  (f)   anti - personnel mine detection techniques;

  (g)   anti - personnel mine clearance techniques;

  (h)   anti - personnel mine destruction techniques;

  (i)   anti - personnel mine deactivation techniques.

Note:   For specification by class, see subsection   33(3AB) of the Acts Interpretation Act 1901.

  (2)   The Defence Minister must ensure that the total number of anti - personnel mines that are the subject of permissions under subsection   ( 1) does not exceed the minimum number absolutely necessary for the purposes of the development of, and training in, any or all of the techniques referred to in that subsection.

Decision - making principles

  (3)   The Defence Minister must, by legislative instrument , formulate principles to be complied with by the Defence Minister in exercising the power conferred by subsection   ( 1).

  (4)   Before formulating the principles under subsection   ( 3), the Defence Minister must consult the Minister administering this Act.

  (5)   In exercising the power conferred by subsection   ( 1), the Defence Minister must comply with the principles formulated under subsection   ( 3).



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