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Cluster Munitions (Prohibition) Bill 2006 [2008]

Part 1 Preliminary


1   Short title

                   This Act may be cited as the Cluster Munitions (Prohibition) Act 2006 .

2   Commencement

                   This Act commences on the day on which it receives the Royal Assent.

3   Purpose of Act

             (1)  The purpose of this Act is to ensure that innocent civilians in conflict zones are not maimed, killed or put at risk, as a result of Australians possessing, using or manufacturing cluster munitions.

             (2)  In particular, this Act prevents members of the Australian Defence Force, whether serving in Australia or outside Australia, and whether serving with the Australian Defence Force or any other defence force, from deploying cluster munitions.

4   Extra-territorial operation of Act

             (1)  This Act extends to acts done or omitted to be done by an Australian citizen outside Australia and the external Territories or to acts done on board Australian ships and aircraft.

             (2)  In subsection (1):

Australian ships and aircraft means ships and aircraft registered in Australia or belonging to, or in the possession of, the Commonwealth or a State.

5   Act binds the Crown

             (1)  This Act binds the Crown in all its capacities.

             (2)  Nothing in this Act renders the Crown liable to be prosecuted for an offence.

6   Definitions

             (1)  In this Act, unless the contrary intention appears:

cluster munition means munition or device which is specifically designed to cause death or harm by deploying one or more submunitions.

container unit means that part of a cluster munition which is intended to transport one or more submunitions from the point at which the cluster munition is fired to the point at which the submunitions are deployed.

member of the ADF means an officer, soldier, sailor or airman under the Defence Act 1903 .

submunition means a munition which is carried within the container unit of a cluster munition, and which is deployed  from that container unit.

7   Application of the Criminal Code

                   Chapter 2 of the Criminal Code applies to all offences against this Act.

8   Constitutional basis for the operation of this Act

                   This Act applies to matters within the legislative power of the Commonwealth under paragraphs 51(vi) and 51(xxix) of the Constitution.

9   Extended standing

             (1)  This section extends (and does not limit) the common law in relation to standing to seek writs of mandamus, prohibition or certiorari, or an injunction or declaration, under the Constitution or the Judiciary Act 1903 .

             (2)  An individual is taken to have standing to seek a writ of mandamus, prohibition or certiorari, or an injunction or declaration, in relation to this Act, if the individual is an Australian citizen and ordinarily resident in Australia or an external Territory.