Cluster Munitions Prohibition Act 2009

Part 2 Activities related to cluster munitions

Subpart 1—Offences and exceptions related to cluster munitions

10 Offences relating to cluster munitions

(1)

A person who does any of the following things commits an offence:

(a)

uses a cluster munition:

(b)

develops, produces, or otherwise acquires a cluster munition:

(c)

possesses, retains, or stockpiles a cluster munition:

(d)

transfers a cluster munition, directly or indirectly, to another person:

(e)

in any way assists, encourages, or induces another person to engage in any conduct described in any of paragraphs (a) to (d).

(2)

A person commits an offence who provides or invests funds with the intention that the funds be used, or knowing that they are to be used, in the development or production of cluster munitions.

(3)

A member of the Armed Forces also commits an offence if he or she expressly requests the use of cluster munitions when—

(a)

he or she is engaged in operations, exercises, or other military activities with the armed forces of a State that is not a party to the Convention; and

(b)

the choice of munitions used is within the exclusive control of the Armed Forces.

(4)

A person who commits an offence against subsection (1), (2), or (3) is liable on conviction to imprisonment for a term not exceeding 7 years or a fine not exceeding $500,000, or both.

(5)

Subsection (1) is subject to section 11.

(6)

This section does not limit any of the following:

(b)

the provisions of the Arms Act 1983 relating to restricted weapons:

Section 10(4): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).