Section 72.3 Criminal Code Act | Explosives and Lethal Devices


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The Legislation

Section 72.3 of the Criminal Code Act 1995 (Cth) is Explosives and Lethal Devices and is extracted below.

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72.3  Offences

(1)  A person commits an offence if:

(a)  the person intentionally delivers, places, discharges or detonates a device; and

(b)  the device is an explosive or other lethal device and the person is reckless as to that fact; and

(c)  the device is delivered, placed, discharged, or detonated, to, in, into or against:

(i)  a place of public use; or

(ii)  a government facility; or

(iii)  a public transportation system; or

(iv)  an infrastructure facility; and

(d)  the person intends to cause death or serious harm.

Penalty:  Imprisonment for life.

(2)  A person commits an offence if:

(a)  the person intentionally delivers, places, discharges or detonates a device; and

(b)  the device is an explosive or other lethal device and the person is reckless as to that fact; and

(c)  the device is delivered, placed, discharged, or detonated, to, in, into or against:

(i)  a place of public use; or

(ii)  a government facility; or

(iii)  a public transportation system; or

(iv)  an infrastructure facility; and

(d)  the person intends to cause extensive destruction to the place, facility or system; and

(e)  the person is reckless as to whether that intended destruction results or is likely to result in major economic loss.

Penalty:  Imprisonment for life.

(3)  Strict liability applies to paragraphs (1)(c) and (2)(c).