Explosives Amendment Act

This text notifies that the President assented to the Act and that it is published for general information.

This section amends Section 1 of the Explosives Act, 1956 by adding definitions for Convention, detection agent, marked, and plastic explosive.

This section bans most handling of unmarked plastic explosives, with limited exceptions, and requires some holders to report existing stock to the chief inspector.

This section amends section 31 of the principal Act by replacing words so that a new exception referring to section 8A is inserted.

This section amends section 32 by replacing subsection 15(1) and provides that the laws in the Schedule are repealed to the extent stated in the Schedule.

This provision inserts Schedule 1 after section 33 and renumbers the existing schedule as Schedule 2.

The Act starts when the President fixes a commencement date by proclamation in the Gazette. It also adds a convention that requires each State Party to stop unmarked explosives being manufactured or moved into or out of its territory.

State Parties must control unmarked explosives and may exempt certain military or police movements from the preceding rule.

Each State Party must take measures so certain explosive stocks are destroyed, consumed, or made permanently ineffective within three years.

Each State Party must take steps to destroy, consume, mark, or permanently disable certain explosive stocks held for military or police use.

Each State Party must take necessary measures to destroy unmarked explosives found in its territory as soon as possible, except certain stocks used for military or police purposes.

Each State Party must take measures to strictly control possession and transfer of certain explosives to prevent diversion or misuse.

Each State Party must take measures to ensure unmarked explosives in its territory are destroyed as soon as possible.

This provision establishes the International Explosives Technical Commission and sets its membership at 15 to 19 members.

Commission members must be experts with direct and substantial experience in explosives-related manufacture, detection, or research.

Commission members serve for three years and may be reappointed.

The Commission must hold sessions at least once a year, normally at ICAO headquarters, unless the Council directs or approves other places and times.

The Commission must adopt its rules of procedure, subject to Council approval, and must evaluate technical developments relating to the manufacture, marking, and detection of explosives.

The Commission must report its findings to the States Parties and the international organizations concerned, through the Council.

The Commission must make recommendations to the Council when necessary and should try to decide on them by consensus; if there is no consensus, it decides by a two-thirds majority of its members.

The Council may propose amendments to the Technical Annex to this Convention, but only on the Commission’s recommendation.

A State Party may send comments on a proposed amendment to the Council within 90 days; the Council must pass those comments to the Commission and invite commenting or objecting States Parties to consult the Commission.

The Commission must consider States Parties’ views and report to the Council. The Council may then propose the amendment for adoption by all States Parties, after considering the Commission’s report and related comments.

A proposed amendment is treated as adopted if at least five States Parties do not object in writing to the Council within 90 days, and it then enters into force 180 days later or on another period set in the amendment.

States Parties that previously objected to a proposed amendment may later signal consent to be bound by depositing an instrument of acceptance or approval.

If five or more States Parties object, the Council must refer the proposed amendment to the Commission.

If the proposed amendment was not adopted under paragraph 3, the Council may convene a conference of all States Parties.

States Parties should, if possible, send information to the Council that would help the Commission carry out its functions under Article VI.

States Parties must keep the Council informed about implementation measures, and the Council must share that information and take measures to help implement the Convention.

If States Parties have a dispute about interpreting or applying the Convention and cannot settle it by negotiation, they must submit it to arbitration when one of them asks. If they still cannot agree on how to organize the arbitration within six months, any of those Parties may refer the dispute to the International Court of Justice.

Each State Party may declare, when signing, ratifying, accepting, approving, or acceding, that it is not bound by the preceding paragraph; other States Parties are then not bound by that paragraph toward that reserving State Party.

A State Party that already made a reservation may withdraw it by notifying the Depositary. Reservations to the Convention are otherwise not allowed, except where Article XI allows them.

The Convention is open for signature first to participating States in Montreal on 1 March 1991, then to all States after that date, and non-signing States may accede later.

States may ratify, accept, approve, or accede to the Convention, and they must deposit their instrument with the International Civil Aviation Organization and say whether they are a producer State.

This Convention enters into force 60 days after the required deposit event, subject to a producer-State condition; a different 60-day rule applies for other States.

The Depositary must register the Convention once it comes into force and must promptly notify signatories and States Parties of specified signatures, deposits, entry-into-force dates, denunciations, and declarations.

Any State Party may denounce the Convention by giving written notification to the Depositary.

Denunciation takes effect 180 days after notification is received by the Depositary.