Depleted Uranium (Prohibition) Bill

Project discussion: Ban Depleted Uranium

Depleted Uranium (Prohibition) Billl

Member's Bill

Explanatory Note


Depleted Uranium (Prohibition) Bill

The Parliament of New Zealand enacts as follows:

1. Title
This Act is the Depleted Uranium (Prohibition) Act 2009.

2. Commencement
This Act comes into force on the day after the date on which it received the Royal Assent.

Part 1

3. Purpose
The purpose of this Act is to ban the posession, use, sale, manufacture, testing and transit of uranium in all conventional munitions and armour within New Zealand and by agents of the New Zealand government.

4. Interpretation
In this Act, unless the context otherwise requires,—

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act
Uranium ammunition means munitions containing depleted uranium which may, by reason of its high density and hardness, penetrate amour
Uranium armour-plate means an armour, which contains depleted uranium to make the armour harder and resistant to be shot through
Uranium weapon means a mechanism which serves to destroy or damage objects and uses depleted uranium in its mode of action

5. Act Binds the Crown
This Act binds the Crown

6. Extraterritorial application of Part 2
(1) The provisions of Part 2 of this Act extend to acts done or omitted to be done outside New Zealand—
(a) By any New Zealand citizen, or by any person ordinarily resident in New Zealand, who is a servant or agent of the Crown; or
(b) By any person on board any New Zealand ship or New Zealand aircraft.
(2) Notwithstanding anything in any other enactment, proceedings in respect of any contravention of Part 2 of this Act anywhere outside New Zealand shall not, by virtue only of the provisions of this Act, be instituted in any Court except with the consent of the Attorney-General and on his or her certificate that it is expedient that the proceedings should be instituted.
(3) Notwithstanding subsection (2) of this section, a person may be arrested, or a warrant for a person's arrest may be issued and executed, and the person may be remanded in custody or on bail, but no further or other proceedings shall be taken until the Attorney-General's consent has been obtained.
(Compare: 1996 No 37 s5)

Part 2

7. Uranium ammunition, armour and weapons
(1) Every person commits an offence who intentionally or recklessly—
(a) Develops, produces, otherwise acquires, stockpiles, or retains uranium ammunition, armour or weapons; or
(b) Transfers, directly or indirectly, uranium ammunition, armour or weapons to another person; or
(c) Uses uranium ammunition, armour or weapons; or
(d) Engages in any military preparations to use uranium ammunition, armour or weapons; or
(e) Assists, encourages, or induces, in any way, any person to engage in (a) to (d) above
and is liable on conviction on indictment to imprisonment for up to 10 years or a fine not exceeding $500,000.
(2) Nothing in subsection (1) of this section applies in respect of any seizure of uranium ammunition, armour or weapons by the Crown under the authority of this or any other Act.
(3) Nothing in subsection (1)(e) of this section limits the provisions of Part 4 of the Crimes Act 1961.
(Compare: 1996 No 37 s6)

8. Forfeiture of uranium ammunition, armour and weapons
If any uranium ammunition, armour or weapon is developed, produced, otherwise acquired, stockpiled, retained, or transferred in contravention of section 7 of this Act, the weapon—
(a) Is forfeit to the Crown; and
(b) May be seized without warrant by any officer of the Crown; and
(c) Shall be stored pending disposal, and disposed of, as the Minister thinks fit.
(Compare: 1996 No 37 s7)

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