Cluster Munitions And Anti-Personnel Mines Act 2008
Permitted conduct. |
10.— (1) Section 9 does not apply to— | |
(a) the acquisition, possession, use, retention, emplacement or transfer of an anti-personnel mine by a member of the Defence Forces in accordance with an authorisation under subsection (2) that is in force, or | ||
(b) the possession, retention or transfer of an anti-personnel mine— | ||
(i) by a member of the Defence Forces in the course of his or her duties for the purpose of— | ||
(I) rendering that anti-personnel mine harmless, or | ||
(II) the future destruction of that anti-personnel mine, | ||
(ii) by a member of the Garda Síochána— | ||
(I) in the exercise of any power conferred by law on that member to seize and retain an anti-personnel mine in connection with any criminal proceedings, or | ||
(II) for the purpose of delivering that anti-personnel mine to the Defence Forces for destruction, or | ||
(iii) by any other person appointed by the Minister by warrant in writing, in the course of that person’s duties for the purpose of delivering that anti-personnel mine to the Defence Forces for destruction. | ||
(2) The Minister for Defence, in consultation with the Minister, may, by notice in writing, authorise the Chief of Staff of the Defence Forces— | ||
(a) subject to subsection (3), to acquire, retain or transfer a specified number of anti-personnel mines for the purposes of the development of, or training in, mine detection, mine clearance or mine destruction techniques by the Defence Forces, or | ||
(b) to permit the Defence Forces to transfer to an appropriate authority of an Anti-Personnel Mine Ban Convention state a specified number of anti-personnel mines for the purpose of their destruction. | ||
(3) The number of anti-personnel mines specified in a notice under paragraph (a) of subsection (2) shall not exceed the minimum number absolutely necessary for the purposes mentioned in that paragraph. |