← belizelaw.ai · Anti-Personnel Mines, Cap. 21:01 · PART II — Anti-Personnel Mines, Prohibition, Destruction and Offences
Permitted conduct
Cap. 21:01, s. 6 · Revised Edition 2020
(1) In proceedings for an offence under section 4, it is a defence for the accused to prove that his conduct was prevented from being a contravention of that section by the provisions of this section.
(2) It is not a contravention of section 4 for a person to participate in the transfer of a prohibited object if7
(a) he does so with the intention that it will be used only for purposes permitted by sub- section (7); and
(b) the transfer in question is authorized by the Commander, Belize Defence Force for the purposes of this sub-section.
(3) It is not a contravention of section 4, for a person to–
(a) participate in the transfer of a prohibited object for the purpose only of enabling it to be destroyed; or
(b) have such an object in his possession for the purpose only (with or without such a transfer) of securing its destruction.
(4) It is not a contravention of section 4 for a person to have a prohibited object in his possession if–
(a) he has it in his possession with the intention that it will be used only for purposes permitted by sub-section (7); and
(b) it is an object which the Commander, Belize Defence Force has authorized him for the purposes of this subsection to have in his possession.
(5) It is not a contravention of section 4, for a person to participate in the acquisition of a prohibited object if–
(a) the acquisition that has been made, agreed or arranged is an acquisition by means of a transfer which is permitted by virtue of sub- section (2) or (3); and
(b) he participates in that acquisition8
(i) with the intention that the object will be used only for the purposes permitted by sub-section (7); or
(ii) for the purpose (with or without a further transfer) of enabling the object to be destroyed.
(6) It is not a contravention of section 4 for a person at any time to assist, encourage or induce any on conduct if, at that time, he has reasonable cause to believe–
(a) that the conduct in question is conduct which is or wil1 be prevented by the provisions of this section from being a contravention of section 4; or
(b) that it would be so prevented if it were not otherwise prevented from being such a contravention.
(7) The purposes permitted by this sub-section are–
(a) the development of techniques of mine detection, mine clearance or mine destruction;
(b) training in techniques of mine detection, mine clearance or mine destruction; and
(c) the purposes of any proceedings under this Act or of any criminal investigation or other criminal proceedings in which the anti- personnel mine in question is or may be evidence.
(8) No person shall be authorized by the Commander, Belize Defence Force for the purposes of sub-section (2) or into 9 transfer, or to have in his possession, any anti-personnel description in numbers in excess of what is necessary for the purposes permitted by sub-section (7).
mines.
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