Explanatory Notes

Cluster Munitions (Prohibitions) Act 2010

2010 CHAPTER 11

25 March 2010

Commentary on Sections

Section 3: Meaning of acquisition and transfer

17.This section specifies the meaning to be given to “acquire” or “transfer” a prohibited munition.

18.Subsection (2) provides that a person acquires a prohibited munition if the person acquires it or enters into a contract to acquire it.

19.Subsection (3) defines what “transfer” of a prohibited munition means. Transferring means:

20.Subsection (4) defines the meaning of “acquire” as “buy, hire, borrow or accept as a gift”, and defines “dispose” as “sell, let on hire, lend or give”.

21.Under subsection (5) a person who acquires or disposes of an interest in, or right over, land which contains cluster munition remnants is not taken to acquire or dispose of a prohibited munition.

22.Subsection (6) defines “cluster munition remnants” with reference to Schedule 1 and Article 2 of the Convention, as failed cluster munitions, abandoned cluster munitions, unexploded submunitions and unexploded bomblets.